Generic Abortion Pill Maker Sues to Overturn West Virginia Ban (2)

Generic mifepristone maker GenBioPro Inc. has filed a lawsuit alleging a West Virginia abortion ban erected following the US Supreme Court’s overturning of Roe v. Wade is unconstitutional, teeing up a battle over whether federal regulations trump state law.

The fight follows GenBioPro’s withdrawal of a prior lawsuit in a Mississippi federal court and addresses the hot-button issue of whether Food and Drug Administration approval of a drug preempts state restrictions.

GenBioPro said in its Wednesday complaint that individual state regulation of its product “destroys the national common market and conflicts with the strong national interest in ensuring access to ...