By KATE PAYNE
TALLAHASSEE, Fla. (AP) — Florida’s attorney general has filed a lawsuit against Planned Parenthood, claiming the organization is “misrepresenting the safety” of abortion pills.
It is the latest legal challenge aimed at abortion pills, which are the most common way to end a pregnancy in the U.S., and which is increasingly a target for opponents of the procedure in the wake of the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade.
In a complaint filed in a state court in Santa Rosa County on Thursday, Florida Attorney General James Uthmeier claimed the network of clinics is “making false claims about the safety of abortion drugs,” highlighting Planned Parenthood’s statements the pills are “safer than Tylenol.”
Here’s what to know.
Florida’s lawsuit targets ‘false claims’ about abortion drug safety
Florida’s lawsuit claims Planned Parenthood is violating a Florida law against deceptive and unfair trade practices and its activities constitute “racketeering,” a charge that was originally used to fight organized crime.
“Planned Parenthood and its Florida operations mislead women about the critical and undeniable risks of a chemical abortion by deceptively claiming these powerful drugs are less risky than everyday pain medication,” the complaint reads.
The lawsuit seeks estimated damages of $350 million and asks the court to consider implementing a suite of sanctions against Planned Parenthood, including requiring the organization to sell off real estate, bar it from providing abortions, or order that the organization be dissolved.
In a statement, Planned Parenthood officials described the lawsuit as a “politically motivated attack” aimed at further eroding access to abortion in Florida, which bans most abortions after six weeks of pregnancy, before many women even know they are pregnant.
“Anti-abortion lawmakers and officials are relentless in their effort to end access to all abortion care, and to stop patients from getting accurate medical information. We will continue to be just as relentless in our effort to defend access to this safe, effective care,” Susan Baker Manning, general counsel for the Planned Parenthood Federation of America said in a statement, adding: “See you in court.”
The attorney general of Missouri filed a similar lawsuit against Planned Parenthood in July. The next hearing in that case is set for February.
Caroline Mala Corbin, a professor who teaches constitutional law at the University of Miami School of Law, said it is not surprising Florida is looking for new ways to restrict access to what has become the preferred way to end a pregnancy in the U.S.
“If this one succeeds, it may become a model for other states. And if it fails, no doubt they’ll come up with something else,” Corbin said.
Abortion opponents test new legal strategies to restrict access
Opponents of abortion are increasingly focusing on restricting access to pills, which by the time the Supreme Court overturned Roe accounted for over half of all abortions, typically using a combination of the drugs mifepristone and misoprostol.
The pills are now used in nearly two-thirds of the abortions provided across the country and are prescribed via telehealth to patients in states with bans by doctors in states with laws that seek to protect them from legal scrutiny for providing such interstate care.
The Supreme Court decision opened the door for states to ban abortion, with Republican-controlled states working to restrict access and punish people who aid abortions, while Democrat-controlled states passed shield laws to protect medical providers.
Now, with Texas and 11 other states enforcing bans on abortion at all stages of pregnancy, and four more that bar most of them after the first six weeks or so of gestation, the pills have become an even more essential way abortion is provided in the U.S. — even in states that ban the procedure.
Last year, the Supreme Court unanimously preserved access to a mifepristone, ruling that abortion opponents lacked the legal right to sue over the federal Food and Drug Administration’s approval of the medication.
Republican attorneys general are renewing the legal push, after the high court sent the case back down to a lower court in Texas. The attorneys general are contending that mifepristone is too risky to be prescribed via telehealth and that the FDA should roll back approvals and tighten access.
Researchers find abortion drugs are generally safe
Studies have found mifepristone and misoprostol are generally safe and result in completed abortions more than 97% of the time.
Medical organizations supporting mifepristone’s availability say the drug’s safety compares to “ibuprofen, which more than 30 million Americans take in any given day.”
Since 2000, roughly 6 million patients have taken mifepristone, according to the FDA. A 2021 review of agency records looking for deaths that were likely related to the drug identified 13, or .00027% of patients.
In an informational page on Planned Parenthood’s website, the organization compares abortion drugs to other common medications.
“Medication abortion is very safe. In fact, it’s safer than many other medicines like penicillin, Tylenol, and Viagra. Serious problems are rare, but like all medicines, there can be risks,” the statement reads.
Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
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