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.
A legal ruling on whether US Food and Drug Administration policy preempts state laws restricting access to medication abortion has been delayed with GenBioPro Inc.’s decision to drop its suit challenging Mississippi’s laws.
GenBioPro filed a notice with the US District Court for the Southern District of Mississippi on 18 August that it...