The news: A generic version of the abortion pill mifepristone was quietly approved by the FDA before the federal government shutdown. Evita Solutions is the second generic drugmaker with an approved generic abortion pill, and it plans to make the pill available in January.

Catch up quick: Mifepristone, one of two drugs typically used in medical abortions, was approved 25 years ago, but more recently faced political scrutiny and challenges.

• In 2021, the FDA expanded access to mifepristone by allowing online prescribing and mail order delivery.
• In June 2022, the Supreme Court overturned Roe v. Wade and the national right to abortion, and states began passing their own laws to restrict or protect abortion access.
• Abortion is now illegal in 12 states and restricted in 11 states, per Guttmacher Institute data. Another 10 states protect abortion rights in their constitutions.
• Last month, HHS Secretary Robert F. Kennedy Jr. and FDA commissioner Marty Makary announced a new review of the safety and efficacy of mifepristone.

Why it matters: Medical abortions account for almost two-thirds (63%) of tracked abortions, per Guttmacher, but are increasingly restricted by the state laws and pharmacies’ chosen practices.

• In August, Costco opted against dispensing mifepristone, citing low customer demand after pressure from some shareholders and faith-based activists.
• Kroger, Albertsons, and Walmart also do not dispense the pill, but CVS and Walgreens do in states where permitted.

Our take: Another generic approval for mifepristone doesn’t automatically translate into more options or access for consumers. State laws and individual pharmacies’ decisions have created a patchwork of access that can leave consumers uncertain.

Pharmacies play a key role in not only in choosing to dispense abortion medications, but also in directly communicating with customers. They need to provide clear, state-specific guidance so consumers don’t have to guess about access in their area. They can create discreet information channels that ensure consumers’ confidentiality while seeking information, such as secure online consultations with pharmacists or privacy-compliant QR code links.

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