House approves measure reaffirming FDA power to block states from banning abortion pills

WASHINGTON, D.C. — The U.S. House of Representatives approved a measure by U.S. Reps. Diana DeGette (D-CO) and Mondaire Jones (D-NY) to reaffirm the federal Food and Drug Administration’s authority to block states from enacting new regulations that would limit a patient’s access to reproductive health care products – including abortion pills.

Approval of the measure comes as more than a dozen states across the U.S. have enacted new laws to limit, or outright ban,access to abortion care in wake of the Supreme Court’s decision to overturn Roe v. Wade; and as several states are now reportedly seeking to criminalize the delivery of abortion pills by mail to patients within their borders as well.

“Every woman in this country should have the freedom to make her own health care decisions – including whether to use birth control or seek abortion care,” said DeGette, who serves as co-chair of the House Pro-Choice Caucus. “FDA has the power to prevent states from limiting patients’ access to reproductive health care products the agency has approved. This resolution reaffirms that power and sends a clear message to statesthat Congress will not allow any attempt to block women’s access to abortion pills by mail to go unchallenged.”

The resolution reaffirms FDA’s preemptive authority to prevent states from enacting regulations that limit or prohibit patients from accessing reproductive health products approved by the agency, including abortion pills delivered directly to patients by mail. It also reaffirms the authority of the U.S. Attorney General to take action against any state that enacts a law that prohibits or limits a patients’ ability to access or use such products.

Congress granted FDA sole authority to regulate reproductive health products under the Federal Food, Drug and Cosmetic Act. In doing so, it also granted the agency preemptive authority to prevent states from enacting their own regulations that would prohibit or restrict patients’ ability to access a reproductive health product that’s been approved by the agency.

Medication abortions account for half ofall pregnancy terminations in the U.S and the medications used, such as mifepristone,have a long history of being both safe and effective – and have been approved by FDA for such use for more than 20 years.

In addition to DeGette and Jones, the resolution is co-sponsored by Reps. Adriano Espaillat (D-NY), Alan Lowenthal (D-CA), André Carson (D-IN), Barbara Lee (D-CA), Carolyn Maloney (D-NY), Cori Bush (D-MO), Dina Titus (D-NV), Dwight Evans (D-PA), Eleanor Holmes Norton (D-DC), Frederica Wilson (D-FL), Jackie Speier (D-CA), Jake Auchincloss (D-MA), Jamaal Bowman (D-NY), Jerrold Nadler (D-NY), Chuy García (D-IL), John Larson (D-CT), Juan Vargas (D-CA), Marie Newman (D-IL), Mark Takano (D-CA), Nydia Velázquez (D-NY), Jimmy Gomez (D-CA), Ro Khanna (D-CA), Sara Jacobs (D-CA), Sheila Jackson Lee (D-TX), Sheila Cherfilus-McCormick (D-FL), Steve Cohen (D-TN), Troy Carter (D-LA), and Zoe Lofgren (D-CA).

The resolution has been endorsed by Planned Parenthood Federation of America, the National Women’s Law Center, NARAL Pro-Choice America, the Center for Reproductive Rights, Power to Decide, the EMAA Project, and Physicians for Reproductive Health. 

Full text of the resolution can be found here.