Sponsors (9)
Official title: To provide that the approved application under the Federal Food, Drug, and Cosmetic Act for the drug mifepristone for the purpose of the termination of intrauterine pregnancy is deemed to have been withdrawn, to establish a Federal tort for harm to women caused by chemical abortion drugs, and for other purposes.
Introduced March 12, 2026 by Diana Harshbarger · Last progress March 12, 2026
The bill grants individuals new federal and state legal remedies against mifepristone manufacturers and preserves existing obscenity law clarity, but does so while sharply restricting access to mifepristone and creating substantial legal, economic, and healthcare disruptions for patients, providers, and manufacturers.
People harmed by use of mifepristone can sue manufacturers in federal or state court to recover compensatory damages, providing a direct legal remedy for injury.
Plaintiffs who prevail may recover punitive damages and attorney's fees, improving injured individuals' ability to obtain representation and fuller recovery.
The bill preserves state-law remedies so individuals retain access to additional state-based causes of action or remedies beyond the federal cause of action.
Women of reproductive age and patients who use mifepristone for miscarriage management would lose access to mifepristone for medication abortion nationwide within 14 days, forcing more surgical abortions, out‑of‑state travel, or delays in care.
Hospitals, clinics, pharmacies, and clinicians would face criminal or civil enforcement risk and a heightened threat of lawsuits, deterring providers from offering medication abortion and disrupting reproductive health services.
Manufacturers and distributors would lose the ability to sell mifepristone for its abortion indication and face heightened liability risk, which could lead firms to stop production or distribution and cause supply disruptions and business losses.
Based on analysis of 4 sections of legislative text.
Withdraws FDA approvals for mifepristone for terminating intrauterine pregnancy, deems such labeling misbranded, and creates a federal tort allowing suits against manufacturers.
Withdraws federal approval for mifepristone when used to terminate an intrauterine pregnancy, makes labeling that recommends such use misbranded, and creates a federal civil cause of action allowing injured individuals to sue mifepristone manufacturers for physical or mental-health harms. The withdrawal provision becomes effective 14 days after enactment and the private right of action becomes effective 90 days after enactment. The bill also clarifies that its changes do not affect the reach of 18 U.S.C. § 1461 (a separate criminal statute dealing with certain mailed materials). It preserves state-law remedies while adding a federal tort remedy, and treats introduction or delivery into interstate commerce of a drug whose approval is withdrawn as a federal violation for enforcement purposes.