LOUISIANA – GenBioPro, the manufacturer of generic mifepristone, which is approved by the U.S. Food and Drug Administration (FDA) as part of a two-drug regimen for the termination of early pregnancy, has filed a motion to intervene, an opposition to the request for preliminary injunction, and a motion to dismiss in Louisiana et al. v. FDA in the United States District Court for the Western District of Louisiana, Lafayette Division. GenBioPro has moved to intervene due to the lawsuit’s attack on generic mifepristone and under the company’s belief that abortion medication is essential health care for millions across the nation.
GenBioPro is represented in the suit by Democracy Forward Foundation and Arnold & Porter.
“We are increasingly concerned by extremists’ complete disregard for the large body of scientific evidence supporting mifepristone’s use and safety,” said GenBioPro CEO Evan Masingill. “We will not stand by while politically-motivated efforts put Americans’ access to medication abortion in jeopardy. GenBioPro remains committed to using all legal and regulatory tools to protect access to mifepristone for millions of patients and providers across the country.”
GenBioPro was founded on the belief that all people – regardless of income, race, or geography – have a right to reproductive health care, including access to medical abortion. Consistent with that commitment, GenBioPro is promptly seeking to intervene in this litigation to ensure the defense of access to mifepristone for all.
“Attacks on mifepristone are not about safety – they are part of an anti-science, autocratic playbook that is unfolding across the nation that threatens people, families, and communities,” said Skye Perryman, President and CEO of Democracy Forward. “The overwhelming majority of Americans support the legal right to abortion and understand that health care decisions should be made by people, not politicians. Yet, ideologically extreme organizations have repeatedly tried to weaponize our courts to strip people of essential health care and put all Americans in harm’s way. In this matter, it isn’t just mifepristone – which has a decades-long demonstrated safety profile – that is being threatened in pursuit of ideology and unbridled power, it is also our nation’s science-based drug approval system. We will continue to use every legal tool available to protect access to medication abortion, science, and evidence.”
“The regulatory determinations by the FDA that the State of Louisiana is challenging in this politically motivated lawsuit are sound, well-supported by the science, and lawful in every respect,” said Daphne O’Connor, partner at Arnold & Porter. “As a manufacturer of mifepristone, GenBioPro has an integral right to participate in this lawsuit and ensure that FDA’s actions and the rights of millions of Americans are vigorously defended against these meritless attacks.”
The State of Louisiana’s complaint and motion for preliminary injunction contend that the court should restore the outdated requirement that mifepristone be dispensed only in a clinic, blocking access through pharmacies, despite its overwhelming safety as demonstrated through real world use for years as well as scientific literature. Although the complaint was brought by the State of Louisiana, if these efforts succeed, the removal of the 2023 REMS modifications would affect all Americans’ access to mifepristone.
Louisiana is represented by the Alliance Defending Freedom, also counsel for the plaintiffs in the original case challenging mifepristone’s availability, Alliance for Hippocratic Medicine v. FDA. In 2024, the Supreme Court determined that those plaintiffs lacked standing to proceed. Since that time, extremist Attorneys General and now the Alliance Defending Freedom have sought to keep their meritless challenge alive. But just as the original plaintiffs could not proceed with the case, Louisiana’s new challenge also lacks legal merit and should not be permitted to proceed.
The next hearing in the Louisiana et al. v FDA case is on February 24, 2026 to discuss the State of Louisiana’s motion for a Preliminary Injunction to rescind the FDA’s 2023 REMS modifications for mifepristone.
GenBioPro’s motion to intervene in Louisiana et al. v FDA is linked here.
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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.
