Walgreens, CVS warned against distributing abortion pills by 20 attorneys general

WHAT YOU NEED TO KNOW:

• Missouri Attorney General Andrew Bailey led a group of attorneys general in warning pharmacy chains against distributing abortion pills.
• The 20 Republican state attorneys general said that dispensing such medication violates federal and state law.
• The letter came after the FDA allowed retail pharmacies to distribute and mail abortion pills.

A coalition of 20 Republican state attorneys general, led by Missouri Attorney General Andrew Bailey, wrote to pharmacy chains CVS and Walgreens warning against distributing abortion pills. The group said that dispensing such medication violates federal and state law.

In addition to the Missouri attorney general, the letter was signed by the attorneys general in Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia.

Last month, the Food and Drug Administration (FDA) allowed retail pharmacies in the U.S. to distribute and mail abortion pills, and removed the requirement to personally collect the pills.

The move was heavily condemned by Republicans and anti-abortion groups.

Bailey stated, “As Attorney General, it is my responsibility to enforce the laws as written, and that includes enforcing the very laws that protect Missouri’s women and unborn children. My Office is doing everything in its power to inform these companies of the law, with the promise that we will use every tool at our disposal to uphold the law if broken.”

Bailey specifically cited the Comstock Act, which “expressly prohibits using the mail to send or receive any drug that will ‘be used or applied for producing abortion.’”

However, the Justice Department said in December that the act does not ban the mailing and receipt of medication abortion pills, thus laying the groundwork for the FDA ruling.

Abortion via medication is usually a two-pill regimen involving mifepristone and misoprostol. The FDA approved its use in the first 10 weeks of pregnancy in 2000. The process is now the preferred method for about half of all abortions in the country.

Ever since the Supreme Court struck down the 1973 Roe v. Wade decision that established the right to abortion, Republicans have been doubling down on passing more restrictions on abortion, while Democrats have worked to expand access to abortion services.

While many states have laws prohibiting residents from accessing abortion medication by mail, pills could still be obtained through online consultations or doctors abroad.

Following the FDA announcement, both CVS and Walgreens said that they intend to apply for the necessary certification to dispense the drugs in states where it is legal. But both companies have yet to do so or specify a timeline.

This week, a spokesperson for Walgreens told Reuters, “We intend to become a certified pharmacy under the program, however we fully understand that we may not be able to dispense mifepristone in all locations if we are certified under the program.”

Source: HuffPost