20 attorneys general warn CVS, Walgreens against abortion pills in their states

Washington, D.C. Newsroom, Feb 2, 2023 / 14:25 pm

As CVS and Walgreens continue to seek federal approval to sell an abortion drug, 20 attorneys general whose states restrict abortion warned the pharmacy chains against fulfilling mail orders within their states. 

Last month, the U.S. Food and Drug Administration (FDA) approved the sale of mifepristone through pharmacies if the companies receive FDA certification. The drug can be used to abort a preborn child up to 10 weeks of gestation, according to the FDA; however, the World Health Organization has stated it can be used up to 12 weeks of gestation. Walgreens and CVS are both seeking certification to sell the drug but have not yet received approval or begun to sell it.

After the U.S. Supreme Court overturned Roe v. Wade, several states enacted abortion laws that outright ban abortion in most cases or impose a cutoff earlier than 10 weeks. In these states, the bans often apply to surgical abortion and abortion-inducing drugs. Some states also specifically ban the sale of abortion-inducing drugs through the mail. After CVS and Walgreens expressed their intent to distribute the abortion drug through mail orders, a coalition of 20 attorneys general sent letters to the companies, warning them they cannot sell the drug in their states. 

“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,” Missouri Attorney General Andrew Bailey, who led the coalition, said in a statement. “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.”

The letter states that companies must “keep apprised not only of federal law but also of the laws of the various states.” It adds that these laws reflect a commitment to “protect the lives and dignity of children” and women.

Explaining their concern, the state officials cite research published in 2015 that found that abortion-inducing drugs are nearly six times more likely to cause complications for women than surgical abortions. They also note that abortions performed away from medical professionals carry an added risk. 

In the letter, the attorneys general also caution that mail orders of abortion-inducing drugs “invite the horror of an increase in coerced abortions” because there is no medical oversight and “a person can obtain an abortion pill quite easily and then coerce a woman into taking it.” The attorneys general also expressed the opinion that mailing abortion drugs violates federal law, which is contrary to a Department of Justice opinion issued earlier this year. 

A spokesman for Walgreens told CNA that the company is aware that it may be unable to provide the drug in every location. 

“We are not dispensing mifepristone at this time,” a Walgreens spokesman said. “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.”

CNA reached out to CVS for comment but did not receive a response by the time of publication. 

Some pro-life groups praised the attorneys general for defending preborn children against the abortion drug within their respective states.

“Ohio Right to Life is thankful for Attorney General Dave Yost and the 19 other attorneys general who united to not only uphold and protect our state laws but also federal law,” Ohio Right to Life President Mike Gonidakis said in a statement. 

“This is what true pro-life leadership looks like, and we are proud to stand behind them,” Gonidakis added.

“Not only is the lackadaisical distribution of mifepristone via the mail illegal per federal law, but it is also extremely dangerous for women,” he said. “We have stated since the very beginning that this FDA approval is nothing short of anti-women and prioritizes a political agenda over medical safety. It is time for the Biden administration to prioritize the health and safety of women and children.”

The Utah-based Sutherland Institute, which promotes religious freedom and family values, also approved of the attorneys general’s actions. Bill Duncan, a religious freedom policy fellow with the institute, told CNA that the letter is an “appropriate exercise of their responsibility.” 

Duncan said Utah’s Legislature passed a bill to prohibit abortions in most circumstances, but the law is currently facing a legal challenge from Planned Parenthood, which he said is claiming “that the Utah Constitution contains an unwritten right to abortion.”

“It seems likely the court will recognize that there is nothing in the Utah Constitution that would preclude the state from enforcing its law,” he said. 

“If these companies provide drugs used to end the lives of unborn children, they would be in violation of the law,” Duncan added. “Each attorney general has responsibility to enforce the laws of the state as well as to prevent violations. This letter is a welcome example of state officials discharging that responsibility.”

In addition to the attorneys general of Missouri, Ohio, and Utah, the other states whose attorneys general signed the letter were Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, and West Virginia.