Can Courts And States Override FDA’s Drug Regulatory Authority?

Dueling suits seek to force US FDA to withdraw approval of mifepristone or prevent it from doing so while legislation introduced in Idaho would outlaw the use of mRNA technology. Lawyers say these are worrisome challenges to the agency's scientific judgement.

Abortion restriction
Legal battles to prevent use of medication abortion mifepristone challenge FDA's approval authority • Source: Shutterstock

When the Supreme Court overturned Roe v. Wade a key question was what the US Food and Drug Administration might do to ensure access to the medication abortion drug mifepristone. But the decision has had far greater repercussions, as organizations and states are now threatening the agency’s ability to approve and regulate drugs.

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