Abortion Drug Regulation Case Generates Appeals Court Scrutiny

A federal appeals court panel had tough questions for attorneys in a case testing West Virginia’s ability to essentially ban the use of an abortion-inducing drug despite federal regulations allowing its sale nationwide, subject to certain post-approval limitations.

Attorney David Frederick of Kellogg Hansen Todd Figel & Frederick PLLC argued that the US Food and Drug Administration’s risk mitigation and use strategy program for mifepristone—adopted under a federal law directing the agency to place “safe use” restrictions on a small category of drugs whose risks could outweigh their benefits—preempts a West Virginia law that bans mifepristone in the few circumstances ...