Story perspectives

Appeals Court Halts Mail and Telehealth Mifepristone Prescriptions Nationwide

5/2/2026

Summary

Story summary

The U.S. Circuit Court of Appeals issued a nationwide injunction barring mailing and telehealth prescriptions of mifepristone.
The panel reinstated Louisiana’s 2021 rule requiring in-person dispensing nationwide, with Judge Stuart Kyle Duncan noting success and irreparable harm.
The Food and Drug Administration (FDA) lifted the in-person dispensing requirement in 2023 after a waiver, citing data showing adverse events under 1% and noting GenBioPro and Danco Laboratories intervened to defend regulation.

History

Historical Context

In 1906 President Theodore Roosevelt signed the Pure Food and Drug Act, empowering Harvey Washington Wiley’s USDA Bureau of Chemistry to stop adulterated medicines. The 1938 Federal Food, Drug, and Cosmetic Act added mandatory safety review, and the 1962 Kefauver-Harris amendment required efficacy proof, creating the modern FDA approval system that courts now test when states try to limit medication dispensing.

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Story summary

The U.S. Circuit Court of Appeals issued a nationwide injunction barring mailing and telehealth prescriptions of mifepristone.
The panel reinstated Louisiana’s 2021 rule requiring in-person dispensing nationwide, with Judge Stuart Kyle Duncan noting success and irreparable harm.
The Food and Drug Administration (FDA) lifted the in-person dispensing requirement in 2023 after a waiver, citing data showing adverse events under 1% and noting GenBioPro and Danco Laboratories intervened to defend regulation.

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