CHARLESTON, WV (WVNS)– A manufacturer of generic Mifepristone sued West Virginia over the state’s medication abortion ban and restrictions.

The manufacturer, GenBioPro, filed a lawsuit alleging West Virginia’s restrictions on medication abortion violate the Supremacy and Commerce Clauses of the U.S. Constitution.

The U.S. Food and Drug Administration approved generic Mifepristone in 2019 as a two-drug regimen for early pregnancy termination and is the most preferred and common form of abortion care in the United States.

Skye Perryman, President and CEO of Democracy Forward and a lawyer for the case said, “States cannot substitute their medical and scientific judgments for judgments FDA has made, and doing so undermines not only access to medication, but the country’s entire drug regulation system.” 

GenBioPro’s lawsuit is the first case to be filed since the court case Dobbs v. Jackson Women’s Health Organization.

59News also received a statement from Attorney General Patrick Morrisey in response to the lawsuit.

“We are prepared to defend West Virginia’s new abortion law to the fullest. While it may not sit well with manufacturers of abortion drugs, the US Supreme Court has made it clear that regulating abortion is a state issue. I will stand strong for the life of the unborn and will not relent in our defense of this clearly constitutional law,” Morrisey stated.

For more information on GenBioPro, visit the company’s website.