Thu Jan 26, 2023 – 7:50 pm EST
CHARLESTON, West Virginia (LifeSiteNews) – A pharmaceutical company responsible for making a generic form of the abortion drug mifepristone filed a lawsuit against West Virginia, arguing that the state’s restrictions on abortion negatively impacted the company’s bottom line and overrides regulations put in place by the Federal Drug Administration (FDA).
GenBioPro filed the suit Wednesday, arguing that the FDA’s approval of mifepristone, the first pill in a two-pill medical abortion regimen, overrides West Virginia’s abortion restrictions because of the power given to the FDA by Congress as well as the Supremacy and Commerce Clauses of the U.S. Constitution.
The FDA approved mifepristone in 2000, along with misoprostol, the second pill in the two-pill medical abortion regimen, up to the 10th week of pregnancy.
The suit also holds that restrictions placed on mifepristone affect GenBioPro’s bottom line, arguing that West Virginia’s abortion restrictions pose a “significant, ongoing economic injury” to the company, alleging that West Virginia’s limitations on abortion have resulted in “lost sales, customers, and revenue.”
“Our case makes clear that nothing in the court’s decision last year in [the Dobbs decision] displaced Congress and FDA’s role in deciding whether
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