West Virginia can restrict the sale of the abortion pill, despite federal regulators’ approval of it as a safe and effective medication, a federal judge has ruled.
U.S. District Court Judge Robert C. Chambers determined Thursday that the near-total abortion ban signed by Republican Gov. Jim Justice in September 2022 takes precedence over approvals from the U.S. Food and Drug Administration.
Mail order.
Yea. I think key words are restrict sales. Sure WV doesn’t have to sell them, but they can’t stop people from getting it elsewhere, at least not with this ruling.
States can regulate alcohol, cannabis, and even things like vape pen sales online. So, while this would work with “black market” sites, I expect that any reputable company won’t ship to states that prohibit it out of fear of being sued.
Right. Those are recreational, not FDA approved medications. Congress gave the FDA authority to regulate medications. This upends that entire system, especially when the reasoning is without factual evidence.
Sure, but I still think you’re underestimating the “chilling effect.” Just look at how most abortion bans have exceptions for rape and incest, but proving that is onerous and as a result most doctors aren’t willing to risk their medical license and livelihood to provide an abortion.
https://www.koin.com/news/civic-affairs/oregon-ends-prescription-for-pseudoephedrine-medicines/
Oregon had been regulating FDA approved Allergy Medications from 2005 through 2021, requiring a prescription to get what was sold OTC in most other states. States exercising control over FDA approved medications isn’t new.
In fact the purchase of those same FDA approved allergy medications is STILL being tracked by law in 29 States with most others doing it voluntarily. Not only is it tracked but it has identifying information attached, meaning that they know when, where, and how much of those FDA approved medications YOU PERSONALLY buy.
I don’t agree with this Judges decision but we can’t pretend this is some new thing because its not.