JEFFERSON CITY, Mo.- In an effort to protect women and children and enforce the laws as written, Missouri Attorney General Andrew Bailey led a coalition of 19 attorneys general in directing more letters to five major pharmacies warning them that distribution of abortion pills in the mail would violate both federal and state law. These letters follow coalition letters that Attorney General Bailey sent to CVS and Walgreens earlier in February after those companies announced that they are seeking FDA certification to use the mail to sell abortion pills.
Four of the letters the attorneys general sent this week were directed to Albertsons, Costco, Kroger, and Walmart, urging them not to follow the Biden administration’s invitation to flout federal and state law. The last letter, directed to Rite Aid, informs the company of the legal implications of its recent decision to join CVS and Walgreens in using the mail to obtain or distribute abortion pills.
“As Attorney General, I will enforce the laws as written, which includes ensuring that pharmacies throughout the nation aren’t subverting state and federal statute to ship abortion pills in the mail,” said Attorney General Bailey. “My Office is doing everything in its power to inform these companies of the law, with the promise that we will do everything in our power to protect women and children.”
These letters come after the Biden administration endorsed abortion by mail in an attempt to circumvent the right of states to protect women and children. Abortion pills impose far higher risks of complications compared to surgical abortions. In addition, abortion pills, especially when distributed by mail, make coerced abortions much easier.
“We are grateful that your company so far has not accepted the FDA’s unlawful and risky invitation for pharmacies to use the mail to obtain and sell abortion pills. We write to advise you of why the FDA’s invitation is unlawful and risky and to urge you to continue rejecting it,” the attorneys general write to the four compliant companies. “We know your company intends to comply with the law, and we know that duty requires a heavy lift for a nationwide company like yours that must keep apprised not only of federal law, but also of the laws of the various states.”
In the letter to Rite Aid, Attorney General Bailey and the other states remind the company that shipping abortion pills in the mail is a violation of both start and federal law. “We emphasize that it is our responsibility as State Attorneys General to uphold the law and protect the health, safety, and well-being of women and unborn children in our states. Part of that responsibility includes ensuring that companies like yours are fully informed of the law so that harm does not come to our citizens,” the attorneys general write.
Missouri authored the letters, and was joined by the attorneys general of 18 other states.
The letter to Rite Aid can be read here: https://ago.mo.gov/docs/default-source/press-releases/2023-02-27-fda-rule---rite-aid-letter-(1).pdf?sfvrsn=33ec8c3a_2
The letter to Albertsons can be read here: https://ago.mo.gov/docs/default-source/press-releases/2023-02-27-fda-rule---albertsons.pdf?sfvrsn=fb30b763_2
The letter to Costco can be read here: https://ago.mo.gov/docs/default-source/press-releases/2023-02-27-fda-rule---costco.pdf?sfvrsn=4e705927_2
The letter to Kroger can be read here: https://ago.mo.gov/docs/default-source/press-releases/2023-02-27-fda-rule---kroger.pdf?sfvrsn=db404a75_2
The letter to Walmart can be read here: https://ago.mo.gov/docs/default-source/press-releases/2023-02-27-fda-rule---walmart.pdf?sfvrsn=5a36c843_2