This is also a flat-out lie. The FDA has never officially classified pregnancy as an “illness” in the way the statement suggests. The FDA approved mifepristone (used in chemical abortions) in 2000 under a regulatory framework known as Subpart H, which was designed for drugs that treat “serious or life-threatening illnesses.” Critics of the FDA’s decision sometimes argue that by using this regulatory pathway, the FDA implied that pregnancy is an “illness.” However, the FDA has not explicitly stated that pregnancy itself is an “illness”; rather, the pathway was used to facilitate the approval of the medication because of its importance in certain medical situations.

The FDA likely used this pathway because it allowed for the monitoring of drug safety and the imposition of certain restrictions, like requiring healthcare provider certification and patient agreements.

Claiming that the FDA is “legally and ethically obliged to withdraw approval” following Dobbs vs. Jackson (which overturned Roe v. Wade) is also a lie. The FDA’s drug approval process is based on scientific evidence about safety and effectiveness, not on the legal status of abortion in different states. The Supreme Court’s ruling doesn’t change the FDA’s approval criteria for mifepristone or require them to reconsider their approval.

Incidentally, these drugs (primarily misoprostol and mifepristone), are medically indicated for uses other than chemical abortion. Mifepristone is additionally used to control high blood sugar (hyperglycemia) in patients with Cushing’s syndrome who also have type 2 diabetes. Misoprostol is used to treat ulcers, and to induce natural labor.

Full contextual analysis of Section 3.5: Department of Health and Human Services here.