Pharmaceutical industry warns Supreme Court abortion pill case could open floodgates to litigation on birth control, fertility drugs, and more

The pharmaceutical industry is warning that a Supreme Court ruling against the government in the case of abortion pill mifepristone could lead to a surge in litigation over drugs, ranging from birth control to fertility treatments. Experts say that in addition to mifepristone, medications that use embryonic stem cells, treat HIV/AIDS, or are used in in-vitro fertilization could be challenged.

The concern arises from the potential for individuals with ideological disagreements to challenge the FDA's authority on scientific grounds, supported by untrained judges. The outcome could stifle innovation by deterring investors from an industry built on extensive research and development costs. Furthermore, the precedent could affect other drugs that have strong emotional or ideological connotations, including contraceptives and HIV treatments.

The FDA maintains that approved drugs have never had court-ordered restrictions unless substantial new evidence of danger arose. Abortion opponents, who filed the challenge, see the FDA's ruling as irresponsible and argue that the court's consideration of the case is not about abortion but rather the agency's adherence to its own rules. The Supreme Court has repeatedly weighed in on the case, with a conservative majority that has signaled its disapproval of abortion rights. The case will be heard on Tuesday, and a decision is expected by June.

While the case focuses on the FDA's decision to ease restrictions on mifepristone, challengers argue that the FDA did not adequately consider safety concerns. Experts believe that if the court rules in favor of the challengers, it could open the door to similar challenges against a host of other drugs and treatments. The pharmaceutical industry is urging the justices to consider the potential implications of such a ruling on the medical industry and public health.