NYC forces pharmacies to dispense abortion pill

New York City is threatening major pharmacies with divestment unless they begin dispensing the abortion pill mifepristone.

The US Food and Drug Administration (FDA) early last year allowed pharmacies to begin selling mifepristone, which was previously only available in hospitals, medical offices, and clinics. The decision was met with legal challenges that were ultimately struck down last month by the US Supreme Court, which sided with the FDA. So far, only Walgreens and CVS have promised to dispense the drug in their pharmacies.

Comptroller threatens retailers with pension fund divestments

In letters last week to Costco, Walmart, Albertsons, McKesson, and Kroger, New York City Comptroller Brad Lander warned the retail giants that he expects them to follow the lead of Walgreens and CVS by dispensing mifepristone.

If they do not comply, Lander has threatened to withdraw New York City pension fund investments. New York City pension funds, which hold over $270 billion in assets, currently own over $1.32 billion in shares among the five retailers. 

“By failing to become certified mifepristone dispensers, these pharmacy giants put both women’s reproductive health care and investors money at risk,” Lander said in a press release. 

“The boards of Costco, Walmart, Kroger, Albertsons, and McKesson should follow CVS and Walgreens and immediately take the necessary steps to receive certification to dispense the medication mifepristone in states where it is legal. Making mifepristone available benefits customers and employees, increases sales, and generates long-term shareholder value.”  

In his letters, Lander assured the companies that mifepristone is safe and effective, citing an FDA review from 20 years ago when it was first approved.

While pushing abortion pill, NYC also works to suppress abortion pill reversals

While Lander works to widen mifepristone’s reach, New York City Attorney General Letitia James is working to restrict treatments that counteract the drug.

Pro-life pregnancy centers have been offering “abortion pill reversal” (APR) treatment to women who have taken mifepristone. APR involves the woman taking FDA-approved progesterone supplements which have been shown to successfully reverse the abortion pill’s effects and lead to healthy births.

AG James has so far sued 11 pregnancy centers and Heartbeat International, a network of pregnancy centers, over APR treatments. She has accused the organizations of false advertising by spreading “misinformation.” James insists the pro-life facilities are making “false and misleading statements” by telling women that progesterone supplements may help continue the pregnancy if taken in the first few days after ingesting the abortion pill.

There are no accusations of these treatments being unsafe for women or causing harm. 

'Doing everything she can to deny women the freedom to make that choice’

In May, the legal group Alliance Defending Freedom (ADF) filed a lawsuit against James for violating the First and Fourteenth Amendments. The lawsuit was brought on behalf of the pro-life network National Institute of Family and Life Advocates and two pregnancy centers, Gianna’s House and Options Care Center.

“Many women regret their abortions, and some seek to stop the effects of chemical abortion drugs before taking the second drug in the abortion drug process. Taking supplemental progesterone at that time can often save their baby’s life,” said ADF Legal Counsel Gabriella McIntyre in a statement. 

“The New York attorney general, however, is doing everything she can to deny women the freedom to make that choice. Women should have the option to reconsider going through with an abortion, and the pro-life pregnancy centers we represent in this case truthfully inform them about that choice. We are urging the court to affirm the pregnancy centers’ freedom to tell interested women about this lawful, life-saving treatment.”

Is progesterone effective at reversing abortion?

Progesterone is commonly prescribed by physicians for women who are at risk of having a preterm birth, have a history of miscarriages, or suffer excessive blood loss during menstruation, to support endometrial function during in vitro fertilization, and other cases.

In its lawsuit, ADF cites studies showing that progesterone is effective at preserving pregnancy after taking mifepristone. In a 2018 study, 547 women who took the abortion pill underwent progesterone treatment within 72 hours after taking mifepristone. The treatment had a 48% success rate, including 247 live births and four miscarriages of viable babies after 20 weeks.

When divided into subgroups, the researchers found that pregnancies in women who took intramuscular progesterone had a 64% survival rate, while those in women who took high dose oral progesterone had a 68% survival rate.