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Generic Mifepristone Manufacturer Sues West Virginia Over Abortion Ban

GenBioPro Has Alleged That The Unborn Child Protection Act Is Unconstitutional

 
• By Chloe Kent

Generic abortion pill manufacturer GenBioPro has mounted a case in West Virginia alleging that its state-level ban of abortion is unconstitutional, as it is pre-empted by the US Food and Drug Administration’s federal opinion that mifepristone is a safe and legal medication.

Protest sign reading 'Abortion is a Human Right'
The case could have serious implications for the role of the FDA as a federal body • Source: Shutterstock

GenBioPro has filed a complaint in federal court in Huntington, West Virginia, alleging that the state’s abortion ban following the US Supreme Court’s overturning of Roe v. Wade last year is unconstitutional. The company manufactures the country’s only generic mifepristone, the first drug taken during a medical abortion.

After Roe was abolished, West Virginia passed the Unborn Child Protection Act, which bans abortion in the majority of cases, unless the pregnancy is nonviable,

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