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A federal judge has transferred a lawsuit challenging the FDA’s approval of mifepristone from Amarillo, Texas, to Missouri, ruling that Idaho, Missouri, and Kansas — the states bringing the case — had no ties to the Texas venue.

The move comes as the FDA faces backlash for approving a new generic version of mifepristone, the widely used abortion pill. Last month, the agency cleared a generic produced by Evita Solutions, a process it said was legally required once the drug was proven identical to the original.

Health Secretary Robert F. Kennedy Jr. previously signaled the administration might tighten safety restrictions on mifepristone, but the approval of a new version drew criticism from anti-abortion groups and lawmakers. Sen. Josh Hawley (R-Mo.) called the decision “shocking” and said he had “lost confidence in the leadership at FDA.” Susan B. Anthony Pro-Life America President Marjorie Dannenfelser labeled the approval “unconscionable.”

The Biden administration defended the decision, noting that federal law gives the FDA little discretion in approving generics. An HHS spokesperson said the agency is still conducting a full safety review of the drug even as new versions enter the market.


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