MO attorney general leads effort to warn pharmacies about mail-order abortion meds
Missouri Attorney General Andrew Bailey sent a letter to CVS and Walgreens this week telling the companies that they may be in violation of federal law if they go forward with a plan to offer mifepristone, a drug used to help induce abortion, through the mail.
The letter, signed by a total of 20 attorneys general, does not express any intention to take legal action against the companies, but rather says "a federal criminal law — especially one that is, as here, enforceable through a private right of action — deserves contemplation."
What are CVS and Walgreens trying to do?
The Food and Drug Administration recently changed its regulations regarding how people obtain the abortion-inducing medication mifepristone. The FDA removed the requirement that the drug could only be dispensed in certain health care settings, like clinics, medical offices and hospitals. It also added certification requirements for pharmacies that dispense the drug, either in-person or by mail.
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The update has not changed access for people in states with laws restricting access to abortions.
Both CVS and Walgreens said they plan to seek certification to dispense mifepristone where it is legally permissible.
What does the letter say?
The unusual letter, signed by Bailey and his counterparts in 19 other states, is presented as 20 attorneys simply advising CVS and Walgreens of "the current law in this changing legal landscape."
Bailey's letter cites 18 U.S. Code statute 1461, a federal law that prohibits the use of mail to send or receive drugs that will be "be used or applied for producing abortion." It also explains that various state laws prohibit the use of the mail to send or receive abortion-inducing drugs.
In the letter, Bailey also says that abortion pills are more likely to result in complications and that the risk of coerced abortion is higher if medication is mailed.
Would CVS or Walgreens be able to mail abortion-inducing medication to Missouri residents?
No, and Bailey mentions that in the letter: “In Missouri, for example, it is unlawful to distribute an abortion drug through the mail. Missouri law also prohibits unfair or deceptive trade practices — and trade practices that violate federal law necessarily are unfair and deceptive.”
In previous USA Today reporting, CVS spokesperson Amy Thibault said the company plans to dispense mifepristone "where legally permissible." Walgreens spokesperson Marty Maloney said in a statement that the company will dispense the medication "consistent with state and federal laws."
More:Clergy challenge Missouri's abortion ban in court on basis of religious freedom
If it's against federal law to mail abortion medication, why are the pharmacies doing it?
In December 2022, the Biden administration's Office of Legal Counsel advised the United States Postal Service that the section cited in the letter does not apply to situations where the sender "lacks the intent that the recipient of the drugs will use them unlawfully." In a letter to the FDA authored by Alabama Attorney General Steve Marshall, and co-signed by Bailey, the attorneys general called the Department of Justice's conclusion "implausible" and "farcical." Letters to CVS and Walgreens reiterate that the DOJ's interpretation is "bizarre."
Which attorneys general signed the letter?
Including Missouri, the attorneys general of the following states signed the letter: Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia.
Of those, 11 are from states with near-total abortion bans. Alaska is the only state where abortion is legal and whose attorney general signed the letter. The other eight states either have limits on abortion or bans have been blocked by judges.
This article originally appeared on Springfield News-Leader: Missouri AG issues letter to pharmacies about mail-order abortion meds
