Understanding the new FDA rules on abortion pills

pills scattered on pink background

The FDA has just announced the requirements and process for commercial pharmacies (ie. CVS, Walmart) to become certified to dispense mifepristone. Mifepristone is the first drug in the sequence for a medication abortion. More than half of abortions in America are medication abortions and limiting access to this basic healthcare pushes people into surgical abortions at later gestational dates.

The FDA is attempting to gain ground against extreme anti-choice restrictions, but it is a far cry from success. We can celebrate the small victories, but only while pushing for bold measures to protect healthcare access for all Americans.

Here are some big takeaways:

Unfortunately, the FDA’s ruling is a baby-step towards increasing access and is bogged down by heavy administrative burdens and reporting requirements that may discourage pharmacies from participating. Most notably, the rule will have no effect in states that already have bans on abortion care.

Mifepristone still requires a prescription from a certified provider who is bound by state laws. (Learn more about CaraFem, the telehealth abortion care provider in Iowa.)

Additionally, an ongoing lawsuit by an anti-choice group in Texas has the possibility of outlawing mifepristone nationally by invalidating the FDA’s approval of the drug. The federal judge the case was filed with is a “former” anti-abortion activist and can issue a nationwide injunction against mifepristone.

For a more complete breakdown, check out this article from SLATE :

The FDA’s Step Forward on Medication Abortion Isn’t Even Close to Enough

Incremental progress will not defeat conservatives’ all-out war on abortion pills.

Thanks to David S. Cohen, Greer Donley, and Rachel Rebouche for their in-depth reporting. Their suggestions for bold action are worth repeating:

“First, the FDA should remove all the unnecessary barriers that silo and stigmatize medication abortion–including the one announced on Tuesday. There is no evidence-based reason for the FDA to limit which providers can prescribe mifepristone or which pharmacies can dispense it. The agency has kept an unnecessary rule in place, and that is not a victory.

Second, an equally bold litigation strategy as the one in Texas is to argue that the FDA’s regulation of medication abortion preempts state abortion bans. This theory, which has yet to be litigated, could restore access to medication abortion throughout the entire country. If the anti-abortion movement wants to remove medication abortion nationwide, there needs to be a plan to restore it nationwide.

Third, plan for defeats, which will no doubt occur. If mifepristone is removed from the market, there is an alternative to keep medication abortion available: misoprostol. Misoprostol is the second drug in a medication abortion, but it is used throughout the world on its own to terminate a pregnancy. Clinics, providers, and professional organizations need to be preparing to switch to misoprostol-only abortions if mifepristone becomes unavailable. This strategy could keep medication abortion available even if the Texas lawsuit is successful.” – SLATE

The federal government needs to take decisive action to increase access, remove funding barriers for those on Medicare/aid, and ensure safe, affordable abortions for all, regardless of the state in which they reside.

The majority of Americans want abortion care for their communities. Recent victories in South Carolina, Michigan, and Kansas give us hope.

More good news:

On December 23, the FDA announced a label change for Plan B that states the medication works to stop or delay ovulation and not to impact fertilization or implantation. This move will help to protect emergency contraception (EC) access as hostile states continue to ban abortion access and attempt to incorrectly classify EC as an abortifacient. 

Additionally, on January 3, the Department of Justice (DOJ) issued a legal opinion that the US Postal Service can deliver mifepristone and misoprostol to recipients across the United States, including in states hostile to abortion. 

IAAF continues to fund abortions for Iowa and Quad Cities residents, if you’re able, please consider donating.