Safeguarding Women from Chemical Abortion

Summary#

This bill would remove federal approval for the drug mifepristone when it is used to end an intrauterine pregnancy. Fourteen days after the bill becomes law, the approval for mifepristone for that use is treated as withdrawn. The bill says bringing that drug into interstate commerce or labeling it for pregnancy termination would violate the Federal Food, Drug, and Cosmetic Act and would be considered misbranded.

The bill also creates a new federal cause of action. People who suffer bodily injury or mental-health harm that is attributable, in whole or in part, to their use of mifepristone (as defined in the bill) may sue the drug manufacturer. Suable harms include physical or psychological injury. A successful plaintiff may seek compensatory damages, punitive damages, and attorney's fees and costs. The new private right to sue would take effect 90 days after the bill becomes law.

The bill defines a covered medication as mifepristone approved for termination of intrauterine pregnancy and a covered entity as a manufacturer of that medication. It also says the act does not change a specific provision of federal criminal law (section 1461 of title 18).

What it means for you#

  • If this bill becomes law, mifepristone with an indication for ending an intrauterine pregnancy would be treated as no longer approved for that use 14 days after enactment.
  • Introducing or delivering that form of the drug into interstate commerce would be treated as a violation of the Federal Food, Drug, and Cosmetic Act.
  • Labeling that says the drug can be used to end an intrauterine pregnancy would be treated as misbranding.
  • Individuals who believe they suffered bodily injury or mental-health harm from using the covered medication could file civil lawsuits against the manufacturer in federal or state court. They could seek compensatory and punitive damages and payment of attorney fees.
  • The new civil cause of action would become effective 90 days after enactment.

Expenses#

No publicly available information on federal budgetary effects or projected costs is included in the bill text or metadata. The text does authorize private civil damages, which could result in payments by private parties if plaintiffs prevail.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.