March 3, 2023

State Attorneys General Warn Retailers Against Mailing Abortion Pills

Nineteen pro-life state attorneys general sent a letter to retail chains warning them of legal consequences if they choose to mail abortion pills.

Missouri Attorney General Andrew Bailey led the group in a letter targeted at large retailers including Walmart, Kroger, and Costco.

“We write to advise you of why the FDA’s invitation is unlawful and risky and to urge you to continue rejecting it,” the letter said. “[Y]ou may not yet be aware that federal law expressly prohibits using the mail to send or receive any drug that will ‘be used or applied for producing abortion.’

The letter continues, “Although many people are unfamiliar with this statute because it has not been amended in a few decades, 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.”

States whose Attorneys General signed include Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia.

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