February 2, 2023

State Attorneys General Warn CVS and Walgreens Against Mailing Abortion Pills

Missouri Attorney General Andrew Bailey
20 state attorneys general, led by Missouri Attorney General Andrew Bailey, sent letters to pharmacy chains CVS and Walgreens warning them against using the mail to distribute abortion pills. The letters inform these companies that the practice is unsafe and illegal.

“As Attorney General, it is my responsibility to enforce the laws as written, and that includes enforcing the very laws that protect Missouri’s women and unborn children,” said Attorney General Bailey. “My Office is doing everything in its power to inform these companies of the law, with the promise that we will use every tool at our disposal to uphold the law if broken.”

CVS and Walgreens announced plans to distribute abortion pills, including by mail, after the Biden FDA loosened regulations on the deadly drugs.

The letters reference the Comstock Act, which prohibits the mail distribution of abortion pills. The Biden administration recently wrote a memo arguing that the law does not apply "where the sender lacks the intent that the recipient of the drugs will use them unlawfully." The memo does not require federal judges to rule one way or another, and it inaccurately portrays the law.

The letters read,
“Federal law expressly prohibits using the mail to send or receive any drug that will ‘be used or applied for producing abortion’… the text could not be clearer: ‘every article or thing designed, adapted, or intended for producing abortion … shall not be conveyed in the mails.’ And anyone who ‘knowingly takes any such thing from the mails for the purpose of circulating’ is guilty of a federal crime.”

Missouri Attorney General Andrew Bailey authored the letter. He was joined by the attorneys general of Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia.

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