Senate Report Rips Abortion Pill Makers' Oversight
Senate Report Rips Abortion Pill Makers' Oversight
The News
Sen. Bill Cassidy, R-La., has released a Senate report accusing the three companies that make the abortion drug mifepristone of failing to police the doctors who prescribe it — and is asking the FDA to bring back the in-person dispensing requirement.
The report caps a months-long investigation by the Senate Health, Education, Labor and Pensions Committee, which Cassidy chairs, into Danco Laboratories, GenBioPro and Evita Solutions.
It also asks the Justice Department to explore legal action against prescribers who knowingly violate federal safety rules.
What The Report Says
Cassidy's central charge is that the manufacturers say they have no role in making sure prescribers comply with FDA requirements — even as pills move through online third-party sellers. According to the report, Danco and GenBioPro both told the committee as much, and both link to the website Aid Access from their own sites.
Aid Access lets people order mifepristone online without an in-person patient-provider relationship, which is permitted under Biden-era rules. The report says it is unclear who actually supplies the drug in those orders or whether those parties are certified under the FDA's Risk Evaluation and Mitigation Strategy program, and notes the site advertises prescribing through 14 weeks of pregnancy — past the FDA's 10-week limit.
The report says investigators obtained mifepristone online using fake patient information, and that prescribers are not required to verify a patient's identity, gestational age or compliance with state restrictions. It says no provider has ever lost FDA certification, and manufacturers are not required to audit prescribers.
On adverse events: since the reporting requirement for non-fatal complications was dropped, very few have been logged. Danco reported roughly 4,000 non-fatal adverse events between 2000 and the 2016 change, the report says, but only 150 in the last 10 years.
The report also flags overseas manufacturing. Danco's active ingredient for Mifeprex is made in Spain and finished at an undisclosed facility elsewhere in Europe; the company declined to give the committee more detail, citing security concerns and commercial sensitivity. GenBioPro's and Evita's products are made at facilities in India.
Timeline
Mifepristone is approved for use in the United States.
Under the Obama administration, the requirement that providers report non-fatal adverse events to manufacturers is removed.
The Biden administration lifts the in-person dispensing requirement, opening mail-order and telehealth access during the COVID-19 pandemic.
Medication abortion accounts for 63 percent of all U.S. abortions, according to the Guttmacher Institute.
The Supreme Court grants an emergency request from abortion drug makers to preserve telemedicine access while Louisiana's suit against the FDA proceeds.
Cassidy's committee releases its findings. Roll Call reports the report was issued Thursday; the Daily Signal, which obtained a copy, reported it Wednesday.
Reactions
"Abortion drug companies are putting mothers at risk through their failure to properly oversee the prescription and distribution of their products," Cassidy said in a statement. "We are seeing that the explosion in online sales of chemical abortion drugs has opened the door to coercion and abuse of women."
He added that the FDA and the drugs' sponsors "have a responsibility to the American people to crack down on these prescribers that violate the prescribing requirements and reinstate the safeguards that keep mothers and babies safe."
The report's conclusion calls the current mail-order landscape the "Wild West" and says "more stringent oversight mechanisms are needed, beginning with the reinstatement of the in-person dispensing requirement."
Democrats and drugmakers read the same data the other way: they argue the scarcity of reported complications is evidence the drug is safe, that mifepristone has been through rigorous FDA review, and that more than 7 million women have used it over 25 years. More than 250 House and Senate Democrats told the Supreme Court in an amicus brief that "preserving evidence-based access to mifepristone, including when dispensed by mail or retail pharmacy, is necessary to mitigate the imminent harm facing members of the public." Supporters also say mail and telehealth access matters most for rural patients and women in states with strict bans.
The Daily Signal said it contacted Danco, GenBioPro, Evita Solutions and the FDA for comment. The FDA did not respond to Roll Call's questions about its review.
What's Next
The Fifth Circuit Court of Appeals is scheduled to hear oral arguments Sept. 9 in Louisiana's suit against the FDA, a case that could decide the availability of mail and telehealth abortion pills nationwide.
The FDA is separately conducting an internal review of mifepristone's safety under pressure from pro-life groups. The Daily Signal reported last month that some members of Congress were told to expect it by September. Cassidy has accused the agency of "dragging its feet."
Cassidy, who leaves Congress in January, has not announced legislation or hearings to follow the report.
More
Reinstating the in-person dispensing requirement would not pull mifepristone off the market — it would end mail-order and telehealth prescribing, which is how a large and growing share of abortions in the U.S. now happen. That is why both sides are watching the FDA's review as closely as the courtroom.
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