WASHINGTON, D.C. – November 21, 2025 – Three Republican-led states—Missouri, Kansas, and Idaho—have expanded their lawsuit seeking to restrict access to the abortion pill mifepristone, aiming to block the U.S. Food and Drug Administration’s (FDA) recent approval of a new generic version.

Missouri Attorney General Catherine Hanaway announced on Thursday that her state, joined by Kansas and Idaho, is challenging the FDA’s September 30, 2025 approval of Evita Solutions’ generic mifepristone, arguing the agency acted improperly in easing restrictions on the drug.

“The FDA needs to stop rubber-stamping new mail-order generic versions,” Hanaway said, criticizing the agency’s decision.

This approval marks the second generic version of Danco Laboratories’ mifepristone to receive FDA authorization. U.S. Health Secretary Robert F. Kennedy Jr. stated at the time that the FDA had no choice but to approve the drug because federal law requires approval when an application demonstrates that the generic is identical to the brand-name medication.

Background on Mifepristone

Mifepristone, followed by misoprostol, is used for medication abortion during the first 10 weeks of pregnancy. The drug was first approved by the FDA in 2000 and is now involved in over 60% of abortions in the United States. The generic approval by Evita Solutions aims to provide more affordable and accessible abortion care, according to the company’s website.

Legal Challenge History

The lawsuit was originally filed in 2022 by anti-abortion groups and physicians, but these plaintiffs dropped the case after the U.S. Supreme Court in 2024 ruled that they lacked the legal standing to challenge FDA regulations governing mifepristone.

The three Republican-led states, which had previously intervened, pressed forward with the case. They argue that the FDA acted improperly by relaxing regulations, including allowing the drug to be prescribed remotely and dispensed via mail, practices they say endanger patients and circumvent proper oversight.

Previously, U.S. District Judge Matthew Kacsmaryk, a Trump appointee in Texas, ruled to suspend FDA approval of the drug. However, he later determined that the suing states could not pursue their claims in Texas and transferred the lawsuit to St. Louis.

The case is now assigned to U.S. District Judge Cristian Stevens, one of the newest judicial appointees of former President Donald Trump.

Implications for Abortion Access

The lawsuit comes amid ongoing national debates over reproductive rights and access to medication abortion. Conservative lawmakers argue that FDA oversight has been too permissive, while pro-choice advocates warn that blocking access to generic mifepristone could limit safe and affordable abortion care for millions of Americans.

As the case moves forward, legal experts predict a prolonged court battle, with potential ramifications for FDA authority over generic drugs and broader medication abortion access in the United States.