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What Will FDA Do In Battle Over Medication Abortion Access?

Executive Summary

Attorneys discuss host of questions the agency faces in the wake of the Dobbs decision, including whether to take enforcement action against mifepristone REMS violations, whether to change restrictions on its use, and how to deal with challenges to its drug approval authority.

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Medical Organizations Push For Mifeprex Miscarriage Indication, REMS Elimination

The American College of Obstetricians and Gynecologists and 48 other groups request the FDA ask Danco Laboratories to file a supplemental NDA for an expanded indication and eliminate requirements for provider and pharmacist certification. For now, Danco is focused on updating the REMS as modified in December.

Mifepristone Restriction Suit Might Be Refiled In Another Court After GenBioPro Drops Challenge

GenBioPro, which markets a generic version of the medical abortion product, may pursue litigation in a more favorable jurisdiction than the Mississippi district court where the case had been proceeding. Senators ask HHS to consider filing its own suit to enforce federal preemption of state laws, lifting REMS restrictions and having FDA issue an EUA for misoprostol.

US FDA May Play Central Role In Assuring Access To Mifepristone Post Roe v. Wade

HHS will take steps to increase access to abortion medication and prevent states from banning it, Secretary Becerra says, but also is questioned about whether the FDA can speed up certification of pharmacies and if the Justice Department would sue states banning access.

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