S4066119th CongressWALLET

Safeguarding Women from Chemical Abortion Act

Sponsored By: Senator Hawley, Josh [R-MO]

Introduced

Summary

This bill would *deem withdrawn* FDA approval for mifepristone’s use to end an intrauterine pregnancy, and it would create a federal private right of action letting people sue manufacturers for harms tied to that drug.

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  • Patients and people seeking medication abortion: The bill treats mifepristone’s pregnancy-termination approval as withdrawn 14 days after enactment and bars interstate marketing or distribution for that indication, which would remove the FDA-approved pathway for that use.
  • Manufacturers and makers of the covered medication: Companies that make mifepristone with a termination indication would face a new federal tort remedy. Individuals could sue for bodily injury or mental-health harm and seek compensatory damages, punitive damages, and attorney fees and costs.
  • Distributors, pharmacies, and labelers: Introducing a drug into interstate commerce after its approval is deemed withdrawn would be treated as a violation of federal law and the drug would be considered misbranded if labeling suggests use for termination or use with another drug for that purpose. The tort provisions take effect 90 days after enactment.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 1 costs, 0 mixed.

Ban on interstate sale of mifepristone

This bill would treat FDA approvals for mifepristone to end intrauterine pregnancy as withdrawn 14 days after enactment. It would make introducing or shipping those drugs across state lines a federal violation. The bill would also call mifepristone misbranded if its label says it can end a pregnancy or be used with another drug for that purpose. If enacted, makers, distributors, pharmacies, and patients nationwide would be affected.

Right to sue mifepristone makers

This bill would create a federal private right of action, effective 90 days after enactment. Any individual who suffers bodily injury or harm to mental health tied in whole or part to using covered mifepristone could sue the manufacturer. Covered medication means mifepristone approved to end intrauterine pregnancy under 21 U.S.C. 355(b) or (j), and a covered entity means the person who manufactured it for introduction into interstate commerce. Plaintiffs could seek compensatory and punitive damages and attorney fees, and state-law remedies would still apply.

Sponsors & CoSponsors

Sponsor

Hawley, Josh [R-MO]

MO • R

Cosponsors

  • Sen. Cornyn, John [R-TX]

    TX • R

    Sponsored 3/12/2026

  • Sen. Blackburn, Marsha [R-TN]

    TN • R

    Sponsored 3/18/2026

  • Sen. Budd, Ted [R-NC]

    NC • R

    Sponsored 3/23/2026

  • Sen. Tuberville, Tommy [R-AL]

    AL • R

    Sponsored 3/25/2026

  • Sen. Moreno, Bernie [R-OH]

    OH • R

    Sponsored 4/15/2026

  • Sen. Lankford, James [R-OK]

    OK • R

    Sponsored 4/20/2026

Roll Call Votes

No roll call votes available for this bill.

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