Full Breakdown
South Dakota Attorney General Issues Cease and Desist to Mayday Health Over Abortion Pill Ads
12/12/2025, 1:43:49 AM
Cease and Desist Order Issued
South Dakota Attorney General Marty Jackley has issued a cease and desist letter to Mayday Health, a pro-abortion organization, demanding the immediate cessation of its advertising campaign promoting abortion pills across the state. The campaign, which featured ads at 30 gas stations in 20 cities, included messages such as “Pregnant? Don’t want to be?” and directed consumers to resources for obtaining abortion pills. This action follows a request from Governor Larry Rhoden, who expressed concerns that the campaign violated state laws prohibiting the distribution of abortion pills, which are illegal in South Dakota except under limited circumstances.
Legal Context and Implications
South Dakota has some of the strictest abortion laws in the United States, having enacted a near-total ban on abortions following the Supreme Court's decision to overturn Roe v. Wade. The state law prohibits the administration or procurement of any drug intended to induce an abortion. Jackley’s letter indicated that Mayday Health's advertisements mislead consumers by suggesting that abortion pills are legal in the state and encouraging women to avoid seeking medical care after taking such pills. If Mayday Health fails to comply, it could face felony charges or civil penalties of up to $5,000 per violation under the South Dakota Deceptive Practices and Consumer Protection Act.
Responses from Mayday Health
In response to the cease and desist order, Mayday Health Executive Director Liv Raisner defended the organization’s actions, stating that they aim to provide information about safe and effective medication abortions, which have been FDA-approved for over 20 years. Raisner emphasized that Mayday Health does not sell abortion pills but seeks to educate individuals about their options. The organization has previously targeted states with strict abortion laws, including West Virginia and Kentucky, and aims to reach individuals in rural communities through gas station ads, which they describe as community hubs.
Criticism and Opposition
Critics of the cease and desist order, including representatives from the ACLU of South Dakota, argue that the state is infringing on free speech rights by attempting to silence discussions about abortion. Samantha Chapman, an advocacy manager for the ACLU, stated that South Dakotans have a right to access truthful information about all medical options available to them. Additionally, some lawmakers, such as Rep. Phil Jensen of the South Dakota Freedom Caucus, have called for stronger enforcement measures against organizations like Mayday Health, asserting that they exploit legal loopholes to promote abortion access.
What's Next
As the situation develops, it remains to be seen whether Mayday Health will comply with the cease and desist order or challenge it legally. The South Dakota government has pledged to investigate the advertising practices further, and additional legislative measures may be introduced to strengthen the state's abortion laws.
Verbatim Quotes
- “South Dakota has the most pro-life laws in the nation – I am proud of that fact,” — Governor Larry Rhoden
- “Mayday Health spreads awareness that abortion pills are safe, effective, and have been FDA approved for over 20 years. This is First Amendment-protected free speech. Mayday is an education nonprofit. We don’t sell abortion pills, we just believe people should know their options.” — Liv Raisner, Executive Director of Mayday Health
- “There’s a lot of misinformation out there, and that’s why Mayday Health exists, to combat the misinformation,” — Liv Raisner, Executive Director of Mayday Health
- “South Dakota moms and babies deserve to be protected from deceptive advertising,” — Governor Larry Rhoden
- “I think what’s deceptive are the blatantly false statistics that both Governor Rhoden and AG Jackley used in their press releases when they’re describing the safety of medication abortion,” — Samantha Chapman, ACLU of South Dakota
