Safeguarding Women from Chemical Abortion Act
Sponsored By: Representative Harshbarger, Diana [R-TN-1]
Introduced
Summary
Removes federal approval for mifepristone's use to end intrauterine pregnancy. The bill also creates a federal private right of action allowing people to sue manufacturers for bodily or mental harms tied to the drug.
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- Women and patients: Withdraws the Federal Food, Drug, and Cosmetic Act approvals that allow mifepristone to be marketed for terminating intrauterine pregnancy. Introducing or delivering the drug into interstate commerce for that use would be a violation and labeling that advertises termination use would be treated as misbranding.
- Manufacturers and drug makers: Imposes federal liability on entities that make the covered medication for bodily injury or mental-health harm. Individuals can seek compensatory damages, punitive damages, and attorney’s fees and costs.
- Courts and states: Creates a federal tort while preserving state remedies by stating this law does not preempt state claims. The liability provision becomes effective 90 days after enactment.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Remove FDA approval for mifepristone
If enacted, 14 days after enactment FDA approvals for mifepristone to end intrauterine pregnancy would be treated as withdrawn. Introducing or shipping the drug for that use would be a violation and labels saying it ends pregnancy would be treated as misbranding. This would make the drug harder to get and would likely increase travel and out-of-pocket costs for people seeking care.
New federal right to sue drug makers
If enacted, 90 days after enactment any person who suffers bodily injury or mental-health harm they attribute to using mifepristone would be able to sue the drug manufacturer. Plaintiffs could seek compensatory damages, punitive damages, and attorney fees and costs in federal or state court. The provision would not preempt state laws that provide other remedies.
Keeps existing federal criminal rule
If enacted, the bill would state that nothing in the Act shall be construed to affect any provision of section 1461 of title 18, United States Code. This would leave current federal criminal rules and penalties under that section unchanged.
Sponsors & CoSponsors
Sponsor
Harshbarger, Diana [R-TN-1]
TN • R
Cosponsors
Rep. Rose, John W. [R-TN-6]
TN • R
Sponsored 3/18/2026
Rep. Alford, Mark [R-MO-4]
MO • R
Sponsored 3/20/2026
Rep. Biggs, Sheri [R-SC-3]
SC • R
Sponsored 3/24/2026
Rep. Mann, Tracey [R-KS-1]
KS • R
Sponsored 3/24/2026
Rep. Dunn, Neal P. [R-FL-2]
FL • R
Sponsored 3/20/2026
Rep. Smith, Christopher H. [R-NJ-4]
NJ • R
Sponsored 4/22/2026
Rep. Miller, Mary E. [R-IL-15]
IL • R
Sponsored 5/14/2026
Rep. Steube, W. Gregory [R-FL-17]
FL • R
Sponsored 5/21/2026
Rep. Norman, Ralph [R-SC-5]
SC • R
Sponsored 8/31/2026
Rep. Williams, Roger [R-TX-25]
TX • R
Sponsored 8/31/2026
Rep. Clyde, Andrew S. [R-GA-9]
GA • R
Sponsored 9/1/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov