Jaya White and Katie Lavigne Author Pharmacy Times Article About Questions Surrounding Mifepristone Distribution by Mail Order Pharmacies
Quarles & Brady Health & Life Sciences attorneys Jaya White and Katie Lavigne wrote an article for Pharmacy Times about the current uncertainty facing mail order pharmacies that distribute the abortion-inducing drug mifepristone.
In the wake of the June 2022 U.S. Supreme Court decision eliminating the constitutional right to abortion, states have enacted laws that impact abortion-related care in a variety of ways. Many of these new laws have created uncertainty for mail order pharmacies that deliver medications across state lines. In the article, White, the Chicago office chair of the Health & Life Sciences Group, and Lavigne, a Minneapolis-based associate, outline the various factors mail order pharmacies must consider.
For pharmacies that deliver medications across state lines, challenges remain. Without a constitutional right to abortion, these mail order pharmacy providers need to consider both the federal requirements and various state laws in how they approach the dispensing of mifepristone across state lines. With a flurry of litigation, these pharmacy providers also need to pay close attention to the outcome of these and other pending lawsuits related to the post-Dobbs fallout in weighing the risks of moving forward with the certification process required by the FDA REMS program with compliance with more restrictive state laws, and patient reproductive health.