Today, the United States Court of Appeals for the Fifth Circuit issued a ruling that, should it go into effect, would revert to 2016 requirements for use of mifepristone. However, a previous order by the Supreme Court pauses any changes to limits on the medication’s availability.

In response to the Fifth Circuit’s ruling, our client, GenBioPro issued the followed statement:

“Today, generic mifepristone remains lawful and available on the market. We remain concerned about extremists and special interests using the courts in an attempt to undermine science and access to evidence-based medication as well as attempts to undermine the US Food and Drug Administration’s regulatory authority. We will continue to use our company’s legal and regulatory tools to ensure access to mifepristone, which is essential to the health of many in the United States.”

Democracy Forward President & CEO Skye Perryman, one of the lawyers for GenBioPro, the country’s only manufacturer of generic mifepristone, issued the following statement:

“Today’s Fifth Circuit ruling does not disturb the approval of generic mifepristone and the medication remains lawful and available. This baseless case is part of a trend of anti-democratic actors undermining science, data, and the law to attack this safe and effective medication and undermine the FDA. We will continue to support GenBioPro as it uses all available legal tools to protect access to mifepristone and defend against anti-democratic attacks from anti-science extremists.”

Democracy Forward is a national legal organization that is dedicated to the advancement of democracy and social progress. Democracy Forward, along with co-counsel, represents GenBioPro, the manufacturer of generic mifepristone in a lawsuit to ensure FDA follows the law and required processes before altering generic mifepristone’s status.