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Tag: abortion pill

  • Fact-checking Florida AG on abortion pill hospitalizations

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    Florida Attorney General James Uthmeier is suing Planned Parenthood for what he called deceptive marketing practices involving abortion pills.

    In a Nov. 6 video on X, Uthmeier said Planned Parenthood “falsely marketed to women” that abortion pills are safer than over-the-counter medications.

    “Evidence suggests that 1 in 25 women who consume these dangerous pills are hospitalized,” Uthmeier said. “And we’ve seen dozens of reported deaths. This is wrong, and we’re going to hold them accountable.”

    Although Uthmeier used the word “hospitalized” to describe the outcome, text that appeared on screen in the video as he spoke said 1 in 25 women “end up in the ER,” a figure that combines results from two studies Uthmeier cited. Emergency department visits are not the same as hospitalizations, which involve patients being formally admitted. 

    When contacted for evidence, Uthmeier’s spokesperson pointed PolitiFact to a table in the U.S. Food and Drug Administration’s label for mifepristone, the first of two pills taken in early pregnancy for medication abortion. One line in the table said two U.S. studies with 1,043 women found a 2.9% to 4.6% frequency rate for ER visits. The higher end of the range roughly correlates to 1 in 25 women.

    Besides conflating hospitalizations and ER visits, Uthmeier cited studies with small sample sizes; multiple larger studies found lower rates of both ER visits and hospitalizations following medication abortion. Researchers told PolitiFact emergency department visits are not a reliable indicator of drug safety and are not proof that patients experienced serious adverse events or were admitted to the hospital.

    “In large studies of medication abortion, hospitalization is very rare, generally occurring in <0.5% of patients,” Dr. Daniel Grossman, a professor of obstetrics, gynecology and reproductive sciences at the University of California, San Francisco, wrote in an email to PolitiFact. Grossman said ER visits are more common because patients who do not live near their provider might have to go to an emergency department for anything that requires in-person consultation, including to confirm an abortion was successful. 

    The FDA label that Uthmeier cited also showed hospitalization rates of 0.04% to 0.06% among 14,339 women evaluated in three studies, or about 86 women on the higher end of the range.

    The FDA label does not include the research methodology or details about the cases. The FDA didn’t answer our questions about the studies.

    Danco Laboratories, which manufactures and distributes mifepristone under the brand name Mifeprex, provided the studies to PolitiFact. The two reports showed 41 women out of 1,043 visited the ER after taking abortion pills. Eight of the 41 were hospitalized and, of those, three were admitted for unrelated reasons, including pancreatitis and hip pain. That means five out of 1,043 women evaluated were hospitalized for reasons related to abortion pills.

    “The actual percentage of related serious adverse events that required hospital admission in these two studies was 0.5%,” said Ushma Upadhyay, a professor and public health scientist at the University of California, San Francisco.

    What is medication abortion and how safe is it?

    Medication abortion is approved in the U.S. up to the 10th week of pregnancy and involves two medicines — mifepristone and misoprostol — that are typically taken 24 hours apart. Studies have found that around 95% to 98% of patients who take the medicines as prescribed will end their pregnancies without  complication.

    The FDA has repeatedly reaffirmed mifepristone’s safety since the drug was first approved in 2000. (Misoprostol has been on the market longer and has different uses, including preventing stomach ulcers.)

    Medication abortions are common, accounting for 63% of all abortions in the U.S. in 2023, according to the Guttmacher Institute, a research organization that supports reproductive rights. More than 5 million women in the U.S. have used abortion pills to terminate pregnancies.

    Over 100 studies spanning decades have found medication abortion to be safe and effective. 

    “We’ve been using mifepristone in the U.S. for over two decades and we aren’t seeing legitimate studies that are documenting any medical fallout or medical complications from this drug,” said Rachel Jones, Guttmacher Institute principal research scientist.

    Medication abortion and ER visits, hospitalizations

    Research shows abortion pills are not associated with a high percentage of emergency room visits or hospitalizations.

    The studies Uthmeier pointed to did not prove that medication abortion is dangerous, experts said

    One of the studies, published in 2012, acknowledged that major adverse events attributable to medication abortion, such as hospitalizations, emergency department visits and blood transfusions, are “rare.” 

    The vast majority of mifepristone research is in line with this.   

    A 2013 study that examined 233,805 medication abortions by Planned Parenthood in 2009 and 2010 found an emergency department treatment rate of 0.1%, and said significant adverse events requiring hospital admission occurred in 0.16% of cases.

    A 2015 study on emergency room visits and complications after 55,000 abortions — 11,000 of which were medication abortions — found that serious adverse events occurred in 0.3% of all cases.

    Emergency department visits alone are not indicative of adverse events, Upadhyay, the 2015 study’s lead author, told PolitiFact.

    A 2018 study found around 51% of abortion-related ER visits involved observational care only. “This really shows that people go to the emergency department to have their questions answered. They aren’t getting any treatment. They are being observed and released,” Upadhyay said.

    U.S. Health and Human Services Secretary Robert F. Kennedy Jr. and FDA Commissioner Dr. Marty Makary have promised to launch another mifepristone safety review. The top health officials have referenced studies that experts say have several problems.

    For example, one April report by the Ethics and Public Policy Center, a conservative nonprofit that opposes abortion, found a substantially higher rate of serious side effects from the drug compared with other studies.

    The report wasn’t peer-reviewed or published in a medical journal. It didn’t disclose its data source and contained multiple methodological issues, 263 reproductive health researchers wrote in a letter to the FDA. Uthmeier cites the report in Florida’s lawsuit against Planned Parenthood.

    Our ruling

    Uthmeier said, “Evidence suggests that 1 in 25 women who consume (abortion) pills are hospitalized.”

    Uthmeier conflated hospitalizations with emergency department visits. Roughly 1 in 25 women visited the ER in the two studies Uthmeier cited, but only five out of 1,043 — or 1 in 200 — were hospitalized related to the abortion pill.

    ER visits, which can often involve only observational care followed by release, are not a reliable indicator of drug safety, researchers said, and do not mean patients experienced a serious adverse event or were admitted to the hospital.

    Several other studies found lower rates of ER treatment and hospitalizations following medication abortion.

    Uthmeier’s statement contains an element of truth but ignores critical facts that would give a different impression. We rate it Mostly False.  

    PolitiFact Researcher Caryn Baird contributed to this report.

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  • Republican fury after FDA approves abortion pill: ‘Complete betrayal’

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    Several Republican figures have spoken out against the Donald Trump administration’s approval of an abortion pill, with former Vice President Mike Pence calling it a “complete betrayal of the pro-life movement.”

    The Food and Drug Administration (FDA) gave the green light to a new generic version of mifepristone on Tuesday, Drugmaker Evita Solutions announced on its website.

    Pence is one of multiple conservatives who have criticized the move—he called on Trump to reverse the decision.

    Newsweek has contacted the FDA and Evita Solutions, via email, for comment.

    Why It Matters

    The decision has ignited intense backlash from Republican lawmakers and anti-abortion groups, highlighting the enduring divisiveness of abortion policy in the United States.

    It comes amid ongoing legal and political battles over reproductive rights and federal drug approval authority.

    Mifepristone, first approved in 2000, is used in combination with misoprostol for medication abortions, a method accounting for the majority of abortions nationwide.

    The FDA’s action not only stokes political tensions but also underscores the complexities of drug regulation where ideological and medical considerations intersect.

    What People Are Saying

    Pence, who has repeatedly criticized Trump in the aftermath of the January 6 riots, said in a post on X: “The Trump Administration’s approval of a generic chemical abortion drug is a complete betrayal of the pro-life movement that elected President Trump.

    “Earlier this year, I opposed RFK’s nomination because he was unfit for the role and particularly over the concern that he would expand access to abortion, as he has done today.

    “President Trump must immediately reverse this decision. RFK must resign and give President Trump the opportunity to appoint a new Secretary of HHS who will protect the sanctity of life. The fight for life continues.”

    Missouri Republican U.S. Senator Josh Hawley said on X: “This is shocking. FDA has just approved ANOTHER chemical abortion drug, when the evidence shows chemical abortion drugs are dangerous and even deadly for the mother. And of course 100% lethal to the child.

    “FDA had promised to do a top-to-bottom safety review of the chemical abortion drug, but instead they’ve just greenlighted new versions of it for distribution. I have lost confidence in the leadership at FDA.”

    Oklahoma Republican Congressman Josh Brecheen said: “The FDA just approved the generic counterpart for mifepristone, the abortion pill. Abortion is one of the defining evils of our time, and we must acknowledge that it is murder in every form. 1 in 10 women who take the abortion pill face serious complications, at a rate 22x higher than initially reported by the FDA. How can this be considered safe for unborn children or women?”

    Prominent anti-abortion activist Lila Rose said: “UNACCEPTABLE: The FDA just approved another generic of the abortion pill mifepristone. This drug starves babies and harms mothers! The FDA just said it would do a new serious safety study—so why approve a another generic now?  Robert Kennedy Jr. must reverse this decision!”

    Reproductive Freedom for All account posted on X: “The FDA approved a new generic version of mifepristone, a pill that has been safely and effectively used in abortion and miscarriage care for over two decades. Thank you to the civil servants who made this happen.”

    What To Know

    In a letter to Republican attorneys general last month, Health Secretary Robert F. Kennedy Jr. and FDA Commissioner Dr. Marty Makary pledged to conduct a full review of mifepristone, which was approved 25 years ago and has repeatedly been deemed safe and effective by FDA scientists.

    Generic approvals are usually considered routine. After the patent on the original drug expires, multiple drugmakers often enter the market with cheaper versions. To receive approval, companies must demonstrate that their product is chemically identical to the original. In most cases, such reviews are completed within 10 months.

    But Evita’s application took far longer. According to FDA filings, the company submitted its request four years ago. The FDA did not explain the delay.

    What Happens Next

    Approval of Evita’s pill is not expected to significantly alter access to mifepristone. The medication is typically prescribed with misoprostol, a second drug that causes the uterus to contract and empty. Together, the two drugs account for roughly two-thirds of U.S. abortions. Mifepristone blocks the hormone progesterone and softens the cervix to prepare the body for expulsion.

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  • Kennedy says FDA is reviewing safety of abortion pill mifepristone

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    The Food and Drug Administration is reviewing the safety of the abortion pill mifepristone, Health and Human Services Secretary Robert F. Kennedy Jr. said in a recent letter to Republican state attorneys general. 

    Conservatives and anti-abortion groups have criticized the drug, particularly after the Biden administration in 2023 made it possible for women to receive mifepristone via telehealth and by mail. The majority of women who terminate pregnancies do so through medication abortions. 

    Republican attorneys general had written to Kennedy on the matter in July, and in response, Kennedy said the FDA is taking a look at the drug’s Risk Evaluation and Mitigation Strategy. Kennedy in June asked FDA Commissioner Martin Makary to “review the latest data” on the drug, an FDA spokesperson confirmed at the time. The spokesperson did not respond to further questions about when the review would start or what specifically it was reviewing about the drug. 

    In their Sept. 19 letter to the states, Kennedy and Makary wrote, “HHS — through the FDA — is conducting its own review of the evidence, including real-world outcomes and evidence, relating to the safety and efficacy of the drug.” 

    “Recent studies — such as the study by the Ethics and Public Policy Center (EPPC), which you highlighted in your letter — indicate potential dangers that may attend offering mifepristone without sufficient medical support or supervision,” the letter continued. “FDA’s own data collected between 2000 to 2012 indicated 2,740 adverse events, including 416 events involving blood loss requiring transfusions. Since then, safeguards for women regarding the administration of mifepristone have been significantly reduced.”

    According to EPPC, its study found nearly 11% of women “experience sepsis, infection, hemorrhaging, or another serious adverse event within 45 days following a mifepristone abortion,” but CBS News medical contributor Dr. Celine Gounder told “CBS Evening News,” “Other data sources show the rate of serious complications to be much lower, at less than 1 in 200.”

    The EPPC study cited by Kennedy and lawmakers like Sen. Josh Hawley of Missouri, is one that says it focuses on “applying the Judeo-Christian moral tradition” to public policy. 

    Asked whether the review could lead to a ban on mifepristone, Gounder suggested it would be difficult for the FDA to withdraw approval, an extraordinary step that would quickly draw legal challenges, but said depending on what the safety review finds, it could make access more difficult, limiting the drug’s availability through telehealth or by mail, or restricting the ability to prescribe it to doctors, rather than physician assistants or nurses who are also currently able to prescribe it.

    Kennedy and Makary did not say when their review would be completed, but told the states, “We will keep you informed as the FDA’s review of mifepristone progresses.”

    Advocates of access to the abortion pill insist it’s safe.

    “More than 100 studies confirm mifepristone’s exceptional safety record,” the American Civil Liberties Union said in a statement in response to the mifepristone safety review. “Today, medication abortion accounts for nearly two-thirds of abortions in the U.S, and the nation’s leading medical associations now stress mifepristone’s importance not only for abortion but for miscarriage care as well.”

    Mifepristone is approved to terminate a pregnancy through 10 weeks of gestation. It was first approved by the FDA in 2000, and has, according to the ACLU, been used by more than 7.5 million women since then. 

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  • The Explosive Lawsuit Challenging a Right-Wing Abortion-Pill Story

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    Photo: Anna Moneymaker/Getty Images

    Last month, an anti-abortion activist named Jana Pinson gave explosive testimony before a Texas Senate committee in support of HB7, a law that would vastly expand the state’s bounty-hunter abortion law, allowing lawsuits against anyone who facilitates a Texan getting abortion pills, including manufacturers, for up to $100,000. She described a lawsuit filed that very day by Liana Davis against Christopher Cooprider, accusing him of smuggling abortion pills he ordered online into Davis’s hot chocolate, terminating her pregnancy.

    The case soon made international headlines for both its sordid details and its political valences. Like other red states that outlawed abortion as soon as the Supreme Court let them, Texas has been unable to stop tens of thousands of abortion pills — as many as 12,000 a month, according to the Society of Family Planning — from being mailed by providers in blue states, where they enjoy protection under “shield laws.” (Davis also sued Aid Access, a prominent provider of abortion pills to places where they’re illegal.) Attorney General Ken Paxton promptly issued cease-and-desist letters to shield providers, citing the Davis case. Meanwhile, the state senate passed HB7, and it now awaits the governor’s signature.

    But a countersuit filed Thursday by Cooprider claims the sensationalistic drugging never happened. He says Davis had a spontaneous miscarriage, which he blames on her own conduct, and that she vengefully framed him for a forced abortion. Cooprider is seeking an eyebrow-raising amount in damages — over $1 billion.

    “I’m not here to castigate the pro-life position. I consider myself a pro-life individual, but we don’t do political advocacy by criminal allegations that are not true, and that’s disgusting,” Cooprider’s attorney, Mikal Watts, told me Thursday. “They used this situation to pass a law that, if it’s based on this case, was passed based on a lie.”

    Even as initially presented, the case raised questions. Cooprider wasn’t criminally charged, even though Texas prosecutors have brought at least two other cases against men accused of similar crimes — one of them for capital murder, which carries the death penalty. A second man was sentenced to 180 days in jail last year after pleading guilty to giving his wife abortion pills, though her pregnancy continued.

    Davis did go to the cops in Corpus Christi, where she and Cooprider were neighbors, but they declined to bring charges. When reporters asked why, the police issued a long statement, saying the case had been assigned to a “highly experienced family violence detective” who had “conducted an extremely thorough investigation into the allegation, including an examination of the existing evidence and medical records, and interviews with the complainant, accused, witnesses, hospital medical staff, the complainant’s OBGYN, and the Nueces County Medical Examiner.” Along with the district attorney, the department said, they “concluded that the elements of a crime could not be established, and the investigation was subsequently closed as unfounded.” Unusually, the department added that it “highly encourages any media outlet requesting further information regarding this case to file an open records request through the Police Department Open Records Unit,” though when I filed one, it was declined on the basis that the information would be “highly intimate or embarrassing” and “not of legitimate concern to the public.”

    Even in Davis’s filing, there are a few hints of uncertainty about the pregnancy’s viability. She includes text messages that show that weeks before the hot-chocolate incident, both Cooprider and Davis expressed doubts as to whether the fetus was still alive.

    Cooprider’s 99-page lawsuit says that Davis faked a first pregnancy, then tricked Cooprider into having sex with her when she was ovulating, telling him it would help expel the remains of a miscarriage for a nonexistent pregnancy. It alleges that Davis’s own negligence was a “proximate cause of the death of her unborn baby” and accuses her of not “properly” treating a sexually transmitted infection, causing fevers that can trigger miscarriage; of consuming alcohol, Red Bull, and medications contraindicated for pregnancy; and of ignoring cramping while staying in extreme heat with her kids, which is associated with greater miscarriage risk.

    Cooprider’s lawsuit also accuses Davis of erratic behavior, including, a month before the hot-chocolate incident, standing outside his house and “loudly screaming at him, threatening that she would charge Cooprider with sexual assault if he didn’t speak to her.” Cooprider includes a transcript of a call he says he made to the Corpus Christi police department in which he says Davis was threatening him and had taken abortion pills for a pregnancy he now says didn’t exist.

    Davis’s lawyer, Watts, suggested that Jonathan Mitchell, probably the best-known anti-abortion attorney in America and the father of the original Texas bounty-hunter law, knew that Davis’s case had major holes in it and pressed on even after the police concluded the claims were unfounded.

    “There’s Rule 11 that you have to do a reasonable investigation before you can sign your name to a federal court plea,” says Watts, a well-known torts lawyer in San Antonio who was acquitted in 2016 of fraud in a case where he represented himself. “I’m not here to suggest that that rule has been violated yet, although I may be suggesting after we do some digging.”

    Mitchell didn’t respond to a request for comment but told Autonomy News, “These are abject lies and we will disprove every one of them in court. Cooprider is guilty as sin and will be held to account for what he did, both in this civil suit and in the upcoming criminal proceedings.” It’s not clear what criminal proceedings he’s referring to.

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  • 4/2: CBS Evening News

    4/2: CBS Evening News

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    4/2: CBS Evening News – CBS News


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    Severe storms cut path through Ohio Valley; New York cafe hires and trains people with autism

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  • 3/27: Prime Time with John Dickerson

    3/27: Prime Time with John Dickerson

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    3/27: Prime Time with John Dickerson – CBS News


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    Jeff Glor reports on the NTSB’s focus in the Baltimore bridge collapse investigation, an interview with the family of the Boeing whistleblower, and how misinformation about birth control is spreading online.

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  • Supreme Court hears arguments in abortion pill case

    Supreme Court hears arguments in abortion pill case

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    Supreme Court hears arguments in abortion pill case – CBS News


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    The Supreme Court on Tuesday heard arguments in a case that could upend access to a widely used abortion medication. Jan Crawford reports.

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  • Breaking down Supreme Court arguments in abortion pill case

    Breaking down Supreme Court arguments in abortion pill case

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    Breaking down Supreme Court arguments in abortion pill case – CBS News


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    The Supreme Court on Tuesday heard arguments on access to mifepristone, a pill that’s taken with another drug to terminate an early pregnancy. The high court will weigh if the Food and Drug Administration adequately considered safety when it expanded access to the medication in 2016 and 2021. Robin Nunn, a federal trial attorney, joins CBS News with more.

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  • New rules aim to prevent

    New rules aim to prevent

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    New rules aim to prevent “judge shopping” in major court cases – CBS News


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    The Judicial Conference of the United States, the federal agency that sets guidelines for America’s judiciary, has taken a major step to stop plaintiffs from seeking the most favorable judge for their case, a practice known as “judge shopping.” CBS News legal contributor Jessica Levinson explains.

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  • Justice Dept and abortion pill manufacturer ask Supreme Court to hear case on mifepristone access

    Justice Dept and abortion pill manufacturer ask Supreme Court to hear case on mifepristone access

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    Danco Laboratories, the drugmaker of the abortion pill mifepristone, has asked the Supreme Court to review a lower court’s decision limiting access to the pill, the company announced in a news release Friday. On Friday evening, the Justice Department also asked the Supreme Court to review the Fifth Circuit’s judgment. 

    Danco and the Justice Department want the Supreme Court to reverse the circuit court’s ruling that would prevent women from obtaining the drug by mail order and would prohibit the pill after seven weeks of pregnancy. 

    The plaintiffs in the case, a group of physicians and medical associations opposed to abortion rights, say the Food and Drug Administration failed to adequately consider the drug’s safety and “chose politics over science” when it approved the pill in 2000. 

    The Justice Department asserted in its filing Friday that the plaintiffs lack standing in the case, arguing that since they aren’t required to receive or prescribe mifepristone, the FDA’s decision “does not impose any concrete, particularized, or imminent harm on them.”

    The department also argues that The Fifth Circuit’s decision should be reviewed because “it would impose an unprecedented and profoundly disruptive result,” causing “unnecessary restrictions” on a drug that has been “safely used by millions of Americans over more than two decades.” It noted that many rely on mifepristone as an option over surgical abortions for those “who choose to lawfully terminate their early pregnancies.”

    Further, the Justice Department said the Fifth Circuit’s ruling should be reviewed in light of its “serious legal errors,” asserting that the lower court’s “novel ‘standing’ analysis” means that medical associations would be able to file lawsuits “that might incidentally affect the practices of one of their associations’ members.” 

    “Pulmonologists could sue the Environmental Protection Agency to challenge regulations that increased (or reduced) air pollution; pediatricians could sue the Department of Agriculture to challenge standards that imperiled (or improved) student nutrition,” the Justice Department wrote.

    Last month, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a ruling that allowed the pill to remain legal, but with significant hurdles to patient access. The Fifth Circuit upheld the Food and Drug Administration’s approval of the widely used pill, but said actions the FDA took in recent years to make the pill easier to obtain went too far. 

    An earlier Supreme Court order in April ensured the drug will remain accessible either until the highest court takes up the case and issues a ruling, or turns down a request to review the Fifth Circuit’s decision. 

    The White House has vocally opposed the changes the Fifth Circuit’s decision would make to access to the pill. 

    “Due to the Supreme Court’s stay, mifepristone remains broadly available for now,” White House press secretary Karine Jean-Pierre said after the Fifth Circuit’s decision. “But if the Fifth Circuit’s ruling stands, it will significantly roll back the ability for women in every state to get the health care they need, and undermine FDA’s scientific, evidence-based process for approving safe and effective medications that patients rely on.”

    Melissa Quinn contributed to this report.

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  • Appeals court upholds FDA approval of abortion pill, but with limits

    Appeals court upholds FDA approval of abortion pill, but with limits

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    Appeals court upholds FDA approval of abortion pill, but with limits – CBS News


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    A federal appeals court on Wednesday upheld the Food and Drug Administration’s approval of the abortion pill mifepristone. However, it ruled that access to the pill should be more limited. Access to the pill is not expected to immediately change, but the case could now head to the Supreme Court.

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  • Rallies held one year after Roe v. Wade overturned

    Rallies held one year after Roe v. Wade overturned

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    Rallies held one year after Roe v. Wade overturned – CBS News


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    Saturday marked one year since the Supreme Court overturned Roe v. Wade. Both supporters of abortion rights and anti-abortion rights advocates held protests and rallies nationwide to mark the day. Michael George reports.

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  • Biden signs executive order designed to increase access to contraception

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    Nearly one year after the Supreme Court overturned Roe v. Wade, President Biden on Friday signed an executive order designed to protect access to contraception.

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  • What does the Supreme Court ruling on the abortion pill mean?

    What does the Supreme Court ruling on the abortion pill mean?

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    What does the Supreme Court ruling on the abortion pill mean? – CBS News


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    The Supreme Court has maintained the FDA’s approval of the abortion pill mifepristone, but access to the pill is still only temporary while legal proceedings continue. CBS News chief legal correspondent Jan Crawford has more on what comes next in the case.

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  • Supreme Court maintains FDA approval of abortion pill, preserving access for now

    Supreme Court maintains FDA approval of abortion pill, preserving access for now

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    Washington — The Supreme Court on Friday granted a request from the Justice Department to leave in place the Food and Drug Administration’s approval of a widely used abortion pill, preserving access to the drug and reinstating a number of steps by the agency that made it easier to obtain while legal proceedings continue.

    The decision from the conservative court came in the most significant case involving abortion since it overturned Roe v. Wade less than one year ago, a ruling that threw the legal landscape into chaos and led to near-total bans on abortion in more than 12 states. In addition to granting the Justice Department’s request for emergency relief, the Supreme Court also approved a similar request from Danco Laboratories, the maker of the abortion drug mifepristone.

    The Biden administration and Danco turned to the Supreme Court in the legal battle over mifepristone after a federal judge in Texas suspended the FDA’s 23-year-old approval of the drug on April 7, which would have disrupted access to the medication nationwide, including in states where abortion is legal. 

    “The district court countermanded a scientific judgment FDA has maintained across five administrations; nullified the approval of a drug that has been safely used by millions of Americans over more than two decades; and upset reliance interests in a healthcare system that depends on the availability of mifepristone as an alternative to surgical abortion for women who choose to lawfully terminate their early pregnancies,” the Justice Department wrote to the court.

    The Biden administration asked the Supreme Court to pause aspects of a federal appeals court decision that limited how late into a pregnancy mifepristone could be taken, who could prescribe it, and how it could be dispensed. The U.S. Court of Appeals for the 5th Circuit put on hold the most significant part of the district court’s decision — halting the FDA’s approval of mifepristone — but blocked the actions by the agency since in 2016 that relaxed the rules surrounding the drug.

    The appeals court also sped up the Biden administration’s appeal of the district court decision, setting arguments for May 17.

    “If allowed to take effect, the lower courts’ orders would upend the regulatory regime for mifepristone, with sweeping consequences for the pharmaceutical industry, women who need access to the drug, and FDA’s ability to implement its statutory authority,” Solicitor General Elizabeth Prelogar told the court of the decisions from U.S. District Judge Matthew Kacsmaryk and the 5th Circuit.

    Hours after the Justice Department asked the Supreme Court to step in, Justice Samuel Alito issued an administrative stay, which ensured mifepristone would remain available while the court considered the issue. Alito’s order was set to expire at midnight Friday, after which the 5th Circuit’s decision would be in force and limitations on mifepristone would take effect absent action from the high court.

    The dispute over the abortion pill, brought by a conservative legal organization, thrust the Supreme Court back into the center of the national debate over reproductive rights. Further complicating the landscape for abortion access was uncertainty over mifepristone’s availability after the court in Texas and a federal court judge in Washington issued conflicting orders one after another. The 5th Circuit’s ruling days later, which imposed limits on the abortion drug, only added to the confusion.

    Since the Supreme Court rolled back the constitutional right to an abortion last June, more than a dozen states have banned or imposed stringent limits on abortion. In 15 states, restrictions are in place that make it harder for patients to obtain medication abortions, including by requiring the drugs to be provided by a physician.

    Medication abortions have become increasingly common and accounted for more than half of all abortions in the U.S. in 2020, according to the Centers for Disease Control. Mifepristone is taken in combination with a second medicine, misoprostol, to terminate a pregnancy through 10 weeks gestation.

    Since the FDA approved mifepristone in 2000, it has made several changes to the rules surrounding the abortion pill. In 2016, the agency increased the gestational age limit from 7 weeks to 10 weeks, reduced the number of required in-person clinic visits, and broadened the set of healthcare providers to prescribe the drug. In 2019, the FDA approved a generic version of mifepristone and in 2021 lifted  a requirement that the pills be dispensed in-person, which allowed the drug to be prescribed by a provider during telemedicine appointments and sent by mail. Earlier this year, the Biden administration widened the availability of the abortion drug to more retail and online pharmacies.

    The Justice Department has argued in court papers that the risk of serious adverse events from mifepristone is extremely low when it is taken as directed and warned the lower court orders “would scramble the regulatory regime governing a drug that FDA determined was safe and effective under the approved conditions.” More than 5 million women have ended their pregnancies using mifepristone. 

    But in a filing with the Supreme Court, the anti-abortion rights physicians and medical associations who sued the FDA over its approval of mifepristone said the 5th Circuit’s order restores “a modicum of safety” for the pregnant women who use the drug and would not shut off access to mifepristone. Instead, the pill would be subject to the same restrictions in place for the 16 years following its 2000 approval.

    “Both the Fifth Circuit and district court orders paint an alarming picture of this lawlessness — all to the detriment of the women and girls FDA is supposed to protect,” they said.

    The legal battle targeting medication abortion began in November with the lawsuit filed by the Alliance Defending Freedom on behalf of the doctors and medical groups. The challengers argued the FDA failed to adequately consider mifepristone’s health and safety risks when it approved the drug in 2000. The case was filed in the federal court in Amarillo, where only Kacsmaryk, appointed by former President Donald Trump, oversees cases. 

    Kacsmaryk’s decision blocked not only the FDA’s approval of mifepristone, but also the agency’s subsequent actions expanding access to the drug. 

    The 5th Circuit said “it appears that the statute of limitations bars plaintiffs’ challenges to the Food and Drug Administration’s approval of mifepristone in 2000.” But the appeals court said the agency “relied on zero studies that evaluated the safety-and-effectiveness consequences of the” 2016 changes.

    Backing the Biden administration in its push to preserve mifepristone’s FDA approval were 23 blue states and the District of Columbia and 235 Democratic lawmakers, who separately filed friend-of-the-court briefs with the Supreme Court warning the lower courts’ orders would have far-reaching ramifications if allowed to stand.

    “Decades after FDA’s initial approval — yet somehow in an emergency posture — the district court intruded into FDA’s drug approval process, casting a shadow of uncertainty over its decisions,” a group of Democrats in the House and Senate told the court. “The perils of this unwarranted judicial intervention into science-based determinations can hardly be overstated.”

    On the other side of the aisle, 21 red states and 147 Republican lawmakers had urged the Supreme Court to leave the 5th Circuit’s decision in place.

    “By approving and then deregulating chemical abortion drugs, the FDA failed to follow Congress’ statutorily prescribed drug approval process and subverted Congress’ critical public policy interests in upholding patient welfare,” the GOP members of the House and Senate wrote.

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  • Most want abortion pill to remain available — CBS News poll

    Most want abortion pill to remain available — CBS News poll

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    A big majority of Americans want to see the abortion pill mifepristone remain available. Even some who are more generally opposed to abortion hold this view.

    On a broader level, American women feel access to reproductive health care is getting harder today rather than easier, by about four to one. 

    There’s a red-blue state divide on the outlook for abortion rights: most who live in “red” states think abortion access is going to become more restricted for them. 

    But people see national agendas at work from the parties, nonetheless: half of Americans, and especially those who want abortion to be legal, think the Republican Party is trying to ban it nationwide, rather than let states decide. And most think Democrats are trying to make abortion available nationwide.

    Reaction in wake of initial federal court ruling

    After a Texas judge halted the Food and Drug Administration’s approval of the abortion pill mifepristone, a two-thirds majority want to see the abortion pill mifepristone remain available in states where abortion is legal — a view that generally squares with the national majority who for years have said they’d prefer abortion remain legal in at least some instances.

    But even among those who’d see abortion illegal in most cases, there’s still a substantial number — about four in ten — who’d prefer mifepristone remain legal. 

    And these views are not purely partisan: almost half of Republicans think the medication ought to be available. 

    abort-pill-party.png

    What’s next?

    So what should the Biden administration do if courts rule against it on the abortion pill?

    Overall, views are split. And it really depends whether people are for or against the legality of abortion in general. 

    Those who want abortion to be mostly legal say the administration should tell the FDA to ignore the ruling, and they say so by more than two to one. 

    biden-ruling-legal-abort.png

    biden-ruling-illegal-abort.png

    Some of the outlook on what would happen if there were to be a nationwide abortion pill ban is tied to what people want in the first place. People who are most opposed to abortion — those who want it illegal in all cases — are also the most likely to believe stopping use of mifepristone will stop a lot of abortions. Half of those who want abortion to be legal in all cases don’t think it will stop any abortions.

    With the Dobbs decision having sent abortion back to the states, Americans who live in “red” Republican-led states have different outlooks than those who live in “blue” Democratic-led states.*

    Most who live in red states think abortion rights are going to become more restricted for them. Far fewer of those in blue states think it will be for them. 

    It’s especially Democrats and independents in red states, most of whom want abortion to be legal, who think abortion rights will instead be more restricted.  

    abort-restrict-avail.png

    abort-restrict-avail-party.png

    If women do travel out of state for an abortion, just a quarter of Americans would criminally punish that action. 

    It’s only among the one in 10 who think abortion ought to be illegal in all cases that such a view about criminality finds majority approval.

    What are the parties trying to do?

    Americans feel the parties have national agendas here, despite the fact that abortion access is now a state-level decision. 

    Republican leaders generally applauded sending the abortion issue back to states, but half of Americans think the Republican Party is trying to ban abortion nationwide rather than let states decide. That view is driven overwhelmingly by people who want abortion mostly legal, including independent women and Democrats.

    People who want abortion mostly illegal say the Republican Party is trying to leave it up to the states by two to one.

    Meanwhile, most Americans think that the Democratic Party is trying to make abortion available nationwide, in all states. Most of those who want abortion legal and those who want it illegal are in agreement on this point.

    abort-reps-trying.png

    abort-dems-trying.png

    For context on a wider level, America’s women feel access to reproductive health care is getting harder today rather than easier, by about four to one. 

    That’s especially true for women who want abortion legal. 

    women-access-repo-care.png

    As an issue, abortion is important to most Americans, though it is not called “very important” at the same rate as things like the economy or inflation. Similar to what we saw in the 2022 midterm elections, most who feel abortion should generally be legal today place greater importance on the issue than those who feel abortion should generally be illegal. 


    This CBS News/YouGov survey was conducted with a nationally representative sample of 2,065 U.S. adult residents interviewed between April 12-14, 2023. The sample was weighted according to gender, age, race, and education based on the U.S. Census American Community Survey and Current Population Survey, as well as the 2020 presidential vote. The margin of error is ±3.2 points.

    *For purposes of this analysis, “red” and “blue” states are defined by the political party of the state’s governor. Results also hold when using state presidential winners.

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  • Federal appeals court preserves access to abortion pill for now but tightens rules

    Federal appeals court preserves access to abortion pill for now but tightens rules

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    A federal appeals court has preserved access to an abortion drug for now but under tighter rules that would allow the drug only to be dispensed up to seven weeks, not 10, and not by mail.

    The drug, mifepristone, was approved for use by the Food and Drug Administration more than two decades ago. It’s used in combination with a second drug, misoprostol. The 5th U.S. Circuit Court of Appeals in New Orleans ruled Wednesday just before midnight.

    By a 2-1 vote, a panel of three judges narrowed for now a decision by a lower court judge in Texas Friday that had completely blocked the FDA’s approval of the drug following a lawsuit by mifepristone’s opponents.

    The lower court ruling had been on pause for a week to allow an appeal.

    Under the appeals court order, the FDA’s initial approval of mifepristone in 2000 is allowed to remain in effect.

    But changes made by the FDA since 2016 relaxing the rules for prescribing and dispensing mifepristone would be placed on hold. Those include extending the period of pregnancy when the drug can be used and also allowing it to be dispensed by mail, without any need to visit a doctor’s office.

    The two judges who voted to tighten restrictions, Kurt Engelhardt and Andrew Oldham, are both appointees of former President Donald Trump. The third judge, Catharina Haynes, is an appointee of former President George W. Bush. She said she would have put the lower court ruling on hold entirely temporarily to allow oral arguments in the case.

    The decision could still be appealed to the U.S. Supreme Court.

    White House press secretary Karine Jean-Pierre, in Dublin, Ireland with President Biden, said Thursday the administration would continue its battle for the restoration of full approval of mifepristone. “We believe that the law is on our side, and we will prevail,” she said.

    In the meantime, Democratic leaders in states where abortion remains legal since the Supreme Court overturned Roe v. Wade last year say they are preparing in case mifepristone becomes restricted.

    New York Gov. Kathy Hochul said Tuesday that her state would stockpile 150,000 doses of misoprostol, another drug used in medication abortions.

    Further complicating the legal landscape is a separate decision from a federal district judge in Washington, also issued Friday, that blocked the FDA from altering the status quo regarding to mifepristone’s availability in 16 states and the District of Columbia. Those states and D.C. sued the Biden administration in February over a set of restrictions imposed on the drug and sought to preserve access to it.  

    Pharmaceutical executives this week also signed a letter that condemned the Texas ruling and warned that FDA approval of other drugs could be at risk if U.S. District Judge Matthew Kacsmaryk’s decision stands. There is virtually no precedent for a lone judge overturning the medical recommendations of the FDA.

    The lawsuit challenging mifepristone’s approval was brought by the Alliance Defending Freedom, which was also involved in the Mississippi case that led to Roe v. Wade being overturned. At the core of the lawsuit is the allegation that the FDA’s initial approval of mifepristone was flawed because the agency did not adequately review safety risks.

    Mifepristone has been used by millions of women over the past 23 years, and complications from mifepristone occur at a lower rate than problems in wisdom teeth removal, colonoscopies and other routine procedures, medical groups have recently noted.

    The FDA made several changes to the rules surrounding the abortion pill since its initial green light, including approving a generic version of mifepristone in 2019 and lifting a requirement that the pills be dispensed in-person in 2021, allowing the drug to be prescribed by a provider during telemedicine appointments and sent by mail.

    Medication abortions accounted for more than half of the abortions in the U.S. in 2020, according to the Centers for Disease Control and Prevention, and the Biden administration told the 5th Circuit that serious adverse events are rare when mifepristone is used as directed by the FDA. More than 5 million women have take mifepristone since 2000, and only 28 deaths were reported through June 2022, though some were associated were “obvious alternative causes” unrelated to use of the abortion pill, according to the FDA.

    “The court upended the status quo with its abrupt and sweeping nationwide order,” the Biden administration said in seeking a stay of Kacsmaryk’s ruling. “If allowed to take effect, that order will irreparably harm patients, healthcare systems, and businesses.

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  • Justice Department Files Immediate Appeal To Abortion Pill Ruling

    Justice Department Files Immediate Appeal To Abortion Pill Ruling

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    The Department of Justice filed an immediate appeal following a Texas federal judge’s shocking decision Friday to pull the Food and Drug Administration’s approval of mifepristone, one of two drugs used in medication abortion.

    The Justice Department appealed directly to the U.S. Court of Appeals for the Fifth Circuit on Friday night, only a few hours after the initial ruling.

    U.S. Attorney General Merrick Garland said in a statement that the DOJ “strongly disagrees with the decision” and “will be appealing the court’s decision and seeking a stay pending appeal.”

    “Today’s decision overturns the FDA’s expert judgment, rendered over two decades ago, that mifepristone is safe and effective,” Garland wrote. “The Department will continue to defend the FDA’s decision.”

    U.S. District Judge Matthew Kacsmaryk ruled that the FDA’s approval of mifepristone was unlawful when the drug first went to market in 2000. Kacsmaryk stated in his decision that the FDA “manipulated and misconstrued” certain parts of the drug approval process in order “to greenlight elective chemical abortions on a wide scale.”

    The decision does not take effect for seven days, allowing the DOJ’s appeal to play out.

    Alliance Defending Freedom, a conservative Christian legal group, filed the suit in November in a federal court in Amarillo, Texas, arguing that the FDA went beyond its authority 22 years ago and fast-tracked the approval of mifepristone. But medication abortion, the combination of mifepristone and another drug called misoprostol, has a highly safe and effective track record in the 20-plus years it’s been FDA-approved. Medication abortion accounts for nearly 60% of all abortion and miscarriage care in the U.S.

    A federal judge in Washington state issued a competing ruling also on Friday, which blocks the FDA from pulling mifepristone approval in 17 states and the District of Columbia. The dueling decisions will likely force the U.S. Supreme Court to weigh in quickly, legal scholars speculated.

    Garland said in his Friday night statement that the DOJ is also reviewing the Washington state judge’s decision.

    Although there is much confusion around the Texas judge’s ruling and what will happen next, it’s safe to say this is a staggering blow to abortion rights around the country.

    Vice President Kamala Harris said in a Friday night statement that the ruling is an “unprecedented decision.”

    “Simply put: this decision undermines the FDA’s ability to approve safe and effective medications ― from chemotherapy drugs, to asthma medicine, to blood pressure pills, to insulin ― based on science, not politics,” she wrote.

    “Each person in our nation should have the right to access safe and effective medication which has been approved by the FDA. In the face of attacks on a woman’s right to access an abortion, our Administration will continue to fight to protect reproductive freedom and the ability of all Americans to make health care decisions with their doctors free from political interference.”

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  • FDA Says Retail Pharmacies Can Now Offer Abortion Pills

    FDA Says Retail Pharmacies Can Now Offer Abortion Pills

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    By Cara Murez 

    HealthDay Reporter

    WEDNESDAY, Jan. 4, 2023 (HealthDay News) – The U.S. Food and Drug Administration finalized a regulatory change on Tuesday that allows retail pharmacies to offer abortion pills.

    Before now, patients could only get this two-drug medication through clinics, doctors and a handful of mail-order pharmacies.

    Two companies that make the medication, Danco Laboratories and GenBioPro, announced the news after they were notified by the FDA of the change.

    “At a time when people across the country are struggling to obtain abortion care services, this modification is critically important to expanding access to medication abortion services and will provide healthcare providers with an additional method for providing their patients with a safe and effective option for ending early pregnancy,” Danco said in a statement.

    “Today’s FDA announcement expands access to medications that are essential for reproductive autonomy and is a step in the right direction that is especially needed to increase access to abortion care,” GenBioPro CEO Evan Masingill, which makes the generic version of mifepristone, told the New York Times.

    Mifepristone is the first pill used in the abortion regimen, followed by misoprostol, which already had fewer restrictions. While mifepristone blocks a hormone the body needs for a pregnancy to develop, taking misoprostol about 24 to 48 hours later causes contractions.

    Misoprostol is also used to treat many other medical conditions. Mifepristone is only approved for abortion, but it is also used to treat some miscarriages. Dozens of organizations, including medical groups, have petitioned the FDA to make the drug easier to access for miscarriages, the Times reported.

    Patients will still need a doctor’s prescription to access the drugs, and pharmacies must follow certain rules to dispense the medication.

    Abortion pills are used in more than half of U.S. pregnancy terminations, a recent report showed. They are now in even higher demand because of abortion restrictions enacted by states after the U.S. Supreme Court overturned Roe v. Wade last June.

    The American College of Obstetricians and Gynecologists applauded the move.

    “Allowing for brick-and-mortar pharmacies to join mail-order pharmacies in dispensing mifepristone for reproductive health indications will further improve access for patients,” the group said in a statement. “ACOG has long advocated that mifepristone be made available in retail pharmacies, just like other prescription drugs, to allow more patients access to abortion care without clinically unnecessary hurdles. This change will empower patients who choose medication abortion to have the option of going to a pharmacy for immediate care rather than waiting for a mail order, if that is right for them.”

    “Although the FDA’s announcement today will not solve access issues for every person seeking abortion care, it will allow more patients who need mifepristone for medication abortion additional options to secure this vital drug,” the group added.

    Now it’s up to pharmacies to decide whether to offer them.

    They would need to designate an employee to ensure compliance, which could be a barrier, the Times reported. Abortion bans or restrictions in some states would also make it illegal or difficult to offer the pills, the Times reported. Even where the pills are legal, pharmacies may face customer demand and public pressure.

    A Danco official said the company expected smaller, independent pharmacies to offer the drug first. Bigger chains would need to implement the companies’ requirements that keep confidential the names of providers who prescribe the drugs, the Times reported.

    That might look like CVS or Walgreens not being able to list a doctor’s name in a companywide database but instead restricting that information to the specific store, the Danco official, who spoke on the condition of anonymity because of the company’s concerns about threats from abortion opponents, told the Times.

    Some prescribers may be more likely to prescribe the drug if they didn’t have to stock it themselves, the Danco official added.

    “For some people, this is going to be a huge improvement on their ability to access the drug and be able to even consider this as a choice for themselves,” the Danco official said. “For other people, not necessarily. Maybe they don’t want to go into their small mom-and-pop pharmacy. They’d rather receive it from a mail order where there’s just no interaction that way.”

    The federal government has taken various steps to expand access to abortion pills since the Supreme Court decision, including a move that made it possible for telemedicine abortion services to conduct medical consultations with patients by video, phone or online questionnaires, the Times reported.

    Health providers will still need to be certified to show they have the knowledge and ability to treat abortion patients.

    More information

    The U.S. Food and Drug Administration has more on abortion pills.

     

     

    SOURCE: New York Times

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  • The Other Abortion Pill

    The Other Abortion Pill

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    In the months since the Supreme Court overturned Roe v. Wade, demand for medication abortion has soared. The method already accounted for more than half of all abortions in the United States before the Court’s decision; now reproductive-rights activists and sites such as Plan C, which shares information about medication abortion by mail, are fielding an explosion in interest in abortion pills. As authorized by the FDA, medication abortion consists of two drugs. The first one, mifepristone, blocks the hormone progesterone, which is necessary for a pregnancy to continue. The second, misoprostol, brings on contractions of the uterus that expel its contents. The combination is, according to studies conducted in the U.S., somewhere between 95 percent and 99 percent effective in ending a pregnancy and is extremely safe.

    The second drug, misoprostol, can also safely end a pregnancy on its own. That method has long been considered a significantly less effective alternative to the FDA-approved protocol. But a growing body of research has begun to challenge the conventional thinking. In situations where people use pills to end a pregnancy at home, studies have found far higher rates of success for misoprostol-only abortions than were found in clinical settings. One recent study in Nigeria and Argentina showed misoprostol-only abortion to be 99 percent effective.

    Even before new restrictions began to ripple across the U.S., mifepristone—often referred to as “the abortion pill”—was tightly controlled by the FDA, which requires that the drug be dispensed only by doctors certified to prescribe it and only to patients who’ve signed an agency-approved agreement. As efforts to ban that drug intensify, the relative availability of misoprostol, which can be obtained at pharmacies in every state and prescribed by any doctor, could make misoprostol alone a more common option for women seeking abortions, legally or clandestinely.

    Already, the Austria-based nonprofit Aid Access, which helps women in the U.S. order pills through the mail, helped thousands of women procure misoprostol-only regimens in the first months of the coronavirus pandemic, when shipments of mifepristone were disrupted. At least one U.S. abortion provider, Carafem, has been offering its patients a misoprostol-only option for close to two years, and other reproductive-health groups are now considering offering the same regimen. This approach follows a path that has been well established in places around the world, where mifepristone has been scarce or unavailable, but in the U.S., it represents a real shift in abortion provision.

    If in the past mifepristone has garnered the bulk of attention from politicians and the public in the U.S., that focus may owe in part to an oft-told story about the origins of “the abortion pill” and its lone inventor, the renowned French researcher Dr. Étienne-Émile Baulieu. The reality is that of the two drugs, misoprostol has always mattered more.


    For his work on mifepristone, Baulieu won one of the most prestigious prizes in medicine, whose recipients tend to be discussed as candidates for a Nobel Prize, and received France’s Legion of Honor. A lengthy profile in The New York Times Magazine called him “a different kind of scientist.” And though the chemists George Teutsch and Alain Belanger actually synthesized the compound, Baulieu became, to American audiences, “the father of the abortion pill.”

    Yet mifepristone is not, by itself, a highly effective abortifacient. Taken alone, the drug ends a pregnancy only about two-thirds of the time, which is why it has always been administered in combination with a prostaglandin—a drug that mimics the function of hormones that promote menstrual cramping and inflammation.

    For years, doctors in Europe had been administering mifepristone with a prostaglandin called sulprostone. The combination was nearly 100 percent effective, but required multiple in-person visits to a clinic or hospital because sulprostone could only be given by injection. “Everyone had been looking for a prostaglandin that didn’t have to be either injected or kept frozen,” says Beverly Winikoff, the founder of Gynuity Health Projects, whose research on medication abortion helped win FDA approval in the United States.

    In Brazil, women had already found one. No individual, or individuals, have ever been widely credited for that discovery, the way Baulieu is credited for mifepristone. But scholars agree that the practice began in the country’s impoverished northeast soon after the drug went on the market in 1986.

    Manufactured by G.D. Searle & Company, misoprostol was developed to treat stomach ulcers. To women in Brazil, where abortion was and remains severely restricted, the warning on the label, to avoid taking the drug while pregnant, advertised its potential as an abortifacient. And when they found the drug safer and more effective than other clandestine methods, misoprostol’s popularity exploded. (To state the obvious, no one should interpret drug warnings for pregnant people as covert advertisements for effective abortion alternatives.)

    Soon, doctors in Brazil reported seeing fewer women with severe abortion-related complications, and Brazilian researchers began documenting the drug’s off-label use. The first such study appeared in a 1991 letter to the editor of The Lancet: Helena Coelho and her colleagues at the University of Ceara had found that knowledge of misoprostol’s capacity to induce abortion had “spread rapidly” among both women and pharmacy personnel. But it had also reached government officials, who limited sales to authorized pharmacies and, in one state, banned misoprostol entirely.

    That same year, Baulieu, the French researcher, announced that he had devised a simpler way to use mifepristone—by combining it with misoprostol, which, unlike sulprostone, could be taken by mouth. Writing in The New England Journal of Medicine, Baulieu did reference misoprostol’s use in Brazil, but only as an example of what not to do. Citing anecdotal reports of cranial malformations in infants exposed to misoprostol in utero, he and colleagues claimed that administering misoprostol alone would risk “embryonic abnormalities,” adding that G.D. Searle “strongly disapproved” of the practice.

    The reports of cranial anomalies were never confirmed. But Searle did take pains to prevent the use of misoprostol for abortion, at one point publicly warning doctors in the U.S. against administering the drug to pregnant women. Over time, researchers established other important uses for misoprostol, such as treating miscarriage and preventing postpartum hemorrhage. Yet during the lifetime of its patent, the company refused to research or register the drug for any reproductive-health indication.

    Meanwhile, Brazilian newspapers had seized on the dangers that Baulieu had cited, fueling fears that failed abortions would create “a generation of monsters.” That in turn provided Brazilian authorities with a public-health rationale for regulating misoprostol as a controlled substance, the “possession or supply” of which carries penalties even more punitive than those for drug trafficking. But through informal networks, feminist activists continued helping women access both misoprostol and information about how to safely use it at home. More than three decades later, experts now credit Brazil as the birthplace of self-managed medication abortion.


    In the past few years, researchers have more formally documented what these informal networks established. In clinical trials, medication abortion with misoprostol alone was effective in completing first-trimester abortion roughly 80 percent of the time. As a rule, “We think about clinical-trials data as the gold standard,” says Caitlin Gerdts, a vice president at Ibis Reproductive Health and a senior author on the study in Nigeria and Argentina. Yet when researchers have examined misoprostol’s use in nonclinical settings, they have found far higher rates of success, with 93 to 100 percent of participants reporting complete abortions using only misoprostol. Given the many studies showing high effectiveness in self-managed settings, Gerdts says, “I think it’s time to reconsider the idea of the clinical trials data as being paramount.”

    One reason for the greater effectiveness of misoprostol alone in studies of self-managed abortion may have to do with how the studies were designed. “The problem with clinical trials is that often when we ask somebody to follow up in a week or two weeks, the body hasn’t had enough time to expel all of the products of conception,” says Dr. Angel Foster, a health-science professor at the University of Ottawa, whose work on the Thailand-Myanmar border was the first to rigorously investigate the effectiveness of misoprostol alone for abortion outside a formal health system. “If there’s a smudge on an ultrasound, it’s not that there’s a continuing pregnancy—it’s just debris. But rather than let the uterus absorb it or expel it, we do an evacuation procedure and we count it as a failure.” In studies of self-managed abortion, she says, the follow-up period tends to be longer—three or four weeks—and surgical intervention may not always be an option.

    “I do think because of the way it’s been treated in clinical trials, misoprostol has been defined as much less effective than we now believe it to be,” Foster says. “We talk about mifepristone as ‘the abortion pill,’ but I think it’s more appropriate to think of it as a pretreatment or an adjunct therapy. Because it’s really the misoprostol that’s doing the lion’s share of the work.”

    Elizabeth Raymond, a senior medical associate at Gynuity and the lead author of a systematic review of clinical trials on the use of misoprostol alone for early abortion, acknowledges that the clinical studies may have been too quick to intervene. But she says the shorter follow-up period was not without reason. Using ultrasound and a blood test to measure the amount of hCG, or human chorionic gonadotropin, doctors can diagnose a complete abortion “quite quickly, certainly within one or two weeks,” she says, “and the researchers wanted to do the assessments as soon as reasonable. They saw no sense in delaying.” Raymond suspects that misoprostol alone isn’t quite as effective as reported in the study in Nigeria and Argentina, in part because that study relied on its subjects to self-report whether the abortion was complete. “I think it’s an intriguing study, and it’s true that misoprostol alone is more effective than we thought,” she says, “but I think the general feeling is, if you can get both drugs, you should do that. The combination is more effective, and it may cause less cramping and bleeding.”

    Those side effects aren’t a safety concern, says Dr. Julie Amaon, the medical director of Just the Pill, which delivers abortion medication to people in Wyoming, Montana, Colorado, and Minnesota. “But it’s something to keep in mind,” she says, adding that anyone self-managing an abortion at home should adhere to the WHO-recommended protocol and follow up with a doctor, whether in person, by phone, or by text, to ensure that the process is complete. In the U.S., the FDA has approved only the two-drug regimen; although the WHO’s recommendations also suggest a preference for medication abortion with both drugs, that agency does recommend misoprostol-only abortion “in settings where mifepristone is not available.”

    Right now, lawmakers across the U.S. are working to put both drugs out of reach. Fourteen states now fully or partially ban both mifepristone and misoprostol. Of the two drugs, though, misoprostol is still more easily obtained, either by prescription in pharmacies or via nonprofit groups in the U.S. and overseas. The Biden administration has said that it intends to maintain access to medication abortion, but so far has not acted to ease the stricter regulations on mifepristone. As long as those restrictions remain in place, ending a pregnancy with misoprostol alone could become a more common choice for people with few options.

    According to the Guttmacher Institute, a reproductive-health-research group that supports abortion rights, though the rate is difficult to measure, in the past self-managed abortions probably haven’t occurred in the U.S. on a large scale. But as conditions in red states come to resemble those in Brazil, the practice could become more and more common. In this way, says Mariana Prandini Assis, a Brazilian social scientist who has written extensively on abortion, the fall of Roe may well lead to the normalization in America of self-managed abortion with pills—a choice once thought of as a last resort or an act of desperation. For that reason, she says, the Brazilian women who pioneered the use of misoprostol for abortion should be considered the “other inventors of ‘the abortion pill.’”

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    Patrick Adams

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