Safeguarding Women from Chemical Abortion Act

Bill Summary: H.R. 7902 - Safeguarding Women from Chemical Abortion Act

Overview

The Safeguarding Women from Chemical Abortion Act (H.R. 7902) is a legislative proposal designed to ban the use of the drug mifepristone for the termination of pregnancy and create a new legal pathway for individuals to sue the manufacturers of the drug for damages.

Key Provisions

1. Withdrawal of Drug Approval

The bill mandates the immediate withdrawal of FDA approval for mifepristone (marketed as Mifeprex or RU-486) when used for the termination of an intrauterine pregnancy. This includes:
* Revocation of Approval: All original and generic applications for mifepristone for this specific indication are deemed withdrawn.
* Illegal Distribution: Once the approval is withdrawn, introducing or delivering the drug into interstate commerce is classified as a violation of the Federal Food, Drug, and Cosmetic Act.
* Misbranding: The bill designates any labeling that suggests mifepristone can be used to terminate a pregnancy (either alone or with other drugs) as "misbranded," making such labeling illegal.

2. Creation of a Federal Tort (Civil Liability)

The Act establishes a federal cause of action allowing individuals to sue the manufacturers of mifepristone.
* Liability: Manufacturers (defined as "covered entities") would be held liable for any bodily injury or harm to mental health—including physical, psychological, emotional, or physiological harm—attributable in whole or in part to the use of the medication.
* Legal Remedies: Affected individuals may file civil actions in U.S. District Court or state courts to seek:
* Compensatory damages
* Punitive damages
* Attorney’s fees and costs.
* State Law Interaction: This federal right of action does not replace or preempt any existing state laws that provide remedies for similar harms.

Affected Parties

• Drug Manufacturers: Pharmaceutical companies producing mifepristone would face the loss of their FDA approval and significant legal liability/litigation risks.
• Healthcare Providers & Patients: The bill would effectively outlaw the legal distribution and prescription of mifepristone for chemical abortions in the United States.
• Patients: Individuals who have used the drug and suffer perceived harm would gain a federal legal mechanism to seek financial compensation.

Timeline and Implementation

• Withdrawal of Approval: The ban on mifepristone takes effect 14 days after the Act is enacted.
• Civil Liability: The provisions allowing for private lawsuits against manufacturers take effect 90 days after the Act is enacted.

Legal Clarifications

The bill explicitly states that nothing in the Act shall be construed to affect 18 U.S.C. § 1461, which is the federal law prohibiting the mailing of abortifacients (drugs used to induce abortion) through the U.S. Postal Service.