Generic abortion pill maker GenBioPro filed a lawsuit against West Virginia this week, arguing that their abortion ban following the overturn of Roe V. Wade is unconstitutional.
Following the Supreme Court’s decision, West Virginia legislators passed the Unborn Child Protection Act, which bans abortion in the majority of cases, also restricted mifepristone prescription through telemedicine.
GenBioPro is hoping to create an exception to the state abortion bans to permit the distribution and sale of mifepristone. The company had previously filed a similar lawsuit against Mississippi that has since been withdrawn.
In the most recent complaint filed against West Virginia, the company said that the individual state regulation of the product ““destroys the national common market and conflicts with the strong national interest in ensuring access to a federally approved medication to end a pregnancy.”
Other efforts by drugmakers have included seeking FDA approval to sell contraceptive pills over the counter. Last year, HRA Pharma — a Perrigo Company — asked the agency to approve a daily birth control pill for over-the-counter sale.
