Attorney General William Tong, along with 17 other attorneys general, has filed a motion urging a federal judge in Washington state to eliminate what they describe as unnecessary restrictions on the abortion medication mifepristone. These restrictions were imposed by the U.S. Food and Drug Administration (FDA).
The group argues that the FDA is aware of extensive data demonstrating mifepristone's safety and efficacy. They claim that medical experts have long opposed these restrictions, noting that only 73 out of over 20,000 FDA-approved drugs face similar limitations. The states contend that these restrictions unlawfully limit access to a drug deemed safer than Tylenol, Viagra, and insulin—all of which are not similarly restricted.
"Mifepristone is safer than Tylenol," stated Attorney General Tong. "We have more than 20 years of clear and conclusive scientific evidence proving that. We’re asking the judge now to cut to the chase—to strike the needless political red tape and order new rules based on science and safety."
Mifepristone remains accessible in Connecticut following Formal Opinion 2023-03 issued by Attorney General Tong, clarifying its status amidst various federal court rulings.
Tong is part of an ongoing multistate lawsuit initiated last year in the U.S. District Court for the Eastern District of Washington. In April 2023, Judge Thomas O. Rice granted a preliminary injunction preventing the FDA from reducing access to mifepristone in 17 states and Washington D.C.
Judge Rice's ruling indicated that the FDA likely did not adhere to legal requirements when implementing these severe restrictions.
On the same day as this preliminary injunction, another judge in Texas stayed the FDA’s approval of mifepristone—a decision later overturned by the U.S. Supreme Court in Food & Drug Administration v. Alliance for Hippocratic Medicine.
Attorneys general from Arizona, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont; Washington; and Washington D.C., joined this case.