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FDA Admits in Abortion Pill Lawsuit That HHS Can Suspend Any Drug If ‘Imminent Threat to Public Health’, by Carole Novielli – Brown Pelican Society of Lousiana

FDA Admits in Abortion Pill Lawsuit That HHS Can Suspend Any Drug If ‘Imminent Threat to Public Health’, by Carole Novielli

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Republican senators have largely embraced Kennedy's vision, reciting his newly hatched slogan to Make America Healthy Again. Image: X@RobertKennedyJr

By Carole Novielli, Live Action News, Mar 10, 2026

The Health and Human Services (HHS) Secretary has the authority to suspend an application for a drug’s approval — including the abortion pill — if they determine that the drug would be an ‘imminent hazard to public health.’

This information was included in a response from the Food and Drug Administration (FDA) in an abortion pill lawsuit filed by the State of Louisiana. The lawsuit seeks an injunction over changes to the abortion pill’s safety protocols known as REMS, made in 2023, which enabled the mailing of abortion inducing drugs — an act already prohibited by federal law known as the Comstock Act.

Key Takeaways:

  • In the case, State of Louisiana v. Food and Drug Administration (FDA), the FDA admitted that “if the Secretary of Health and Human Services finds that a drug presents “an imminent hazard to the public health,” he may suspend the approval of the application (including a supplemental application) ‘immediately.’ 21 U.S.C. § 355(e).”

  • This week, an additional analysis from EPPC suggested that “the rate of serious adverse events following a chemical abortion (mifepristone) was significantly higher after the FDA’s in-person dispensing requirement was removed.” This was a result of the 2023 REMS, which Louisiana asked the court to block. …