Safeguarding Women from Chemical Abortion Act
- Bill Number
- H.R. 7902
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-03-12: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-05-22T08:08:13Z
AI-Generated Summary
Purpose
This bill, titled the Safeguarding Women from Chemical Abortion Act, aims to revoke federal approval for the drug mifepristone (also known as Mifeprex or RU-486) when used to end an intrauterine pregnancy (a pregnancy within the uterus). It also seeks to create new legal liability for harms caused by this drug and restrict its distribution for abortion purposes.
Key Provisions
- Withdrawal of FDA Approval (Sec. 2):
- Effective 14 days after enactment, the Food and Drug Administration (FDA) approval for mifepristone—and any generic versions referencing it—for ending pregnancies is deemed withdrawn.
- Distributing or introducing such mifepristone into interstate commerce (across state lines) becomes a violation of federal food and drug laws.
- Mifepristone is considered "misbranded" (falsely or misleadingly labeled) if its packaging mentions use for ending pregnancies, alone or with another drug.
- Federal Tort Liability (Sec. 3):
- Defines "covered entities" as manufacturers of mifepristone approved for pregnancy termination.
- Holds these manufacturers liable for any bodily injury or mental health harm (physical, psychological, emotional, or physiological) linked to the drug's use.
- Allows affected individuals to sue in federal or state courts for compensatory damages (to cover losses), punitive damages (to punish wrongdoing), and attorney fees/costs.
- Does not override state laws providing other remedies; effective 90 days after enactment.
- Rule of Construction (Sec. 4):
- Clarifies the bill does not change federal laws on mailing obscene or crime-inciting materials (18 U.S.C. § 1461).
Significant Changes to Existing Law
- Revokes FDA Approval: Overrides prior FDA decisions by automatically withdrawing approval specifically for abortion use, treating it as if voluntarily withdrawn by the manufacturer.
- New Federal Tort: Introduces a private right of action (ability to sue directly in court) against manufacturers for abortion-related harms from mifepristone, expanding liability beyond standard product liability claims.
- Enforcement Mechanism: Makes distribution for abortion purposes a federal violation, enabling FDA seizures and penalties under existing drug laws.
Potential Impacts
- Government Agencies: Increases FDA enforcement duties, including monitoring misbranded drugs and interstate distribution violations.
- Citizens: Limits access to mifepristone for medication abortions (chemical abortions), potentially affecting ~half of U.S. abortions that use this method; enables lawsuits for those harmed, providing new recourse but possibly raising drug costs or availability issues.
- Healthcare: Doctors and clinics may face restrictions on prescribing or dispensing mifepristone for abortions, shifting reliance to surgical options.
- No Direct International Impact: Focuses on U.S. interstate commerce and FDA approvals.
Main Stakeholders Affected
- Manufacturers (e.g., makers of Mifeprex and generics): Face approval withdrawal, distribution bans, and heightened lawsuit risk.
- Women Using the Drug: Gain right to sue for harms but lose federally approved access for abortions.
- Healthcare Providers: Restricted in prescribing/distributing for abortions; potential indirect liability exposure.
- FDA and Regulators: Must enforce new violations without re-approval processes.
- Litigants and Courts: Increased civil cases in federal/state courts.
Notable Legal, Constitutional, or Political Implications
- Legal: Could preempt or conflict with FDA's drug approval authority under the Federal Food, Drug, and Cosmetic Act; private lawsuits may lead to discovery of FDA data.
- Constitutional: Potential challenges on due process (abrupt withdrawal of approval without hearing), commerce clause (interstate restrictions), or equal protection (gender-specific tort).
- Political: Heightens national debate on abortion access post-Dobbs (2022 Supreme Court decision overturning federal abortion right), positioning Congress to regulate medication abortions uniformly despite state variations. No impact on broader obscenity mailing laws.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Harshbarger, Diana [R-TN-1]
Cosponsors (8)
Rep. Rose, John W. [R-TN-6], Rep. Dunn, Neal P. [R-FL-2], Rep. Alford, Mark [R-MO-4], Rep. Biggs, Sheri [R-SC-3], Rep. Mann, Tracey [R-KS-1], Rep. Smith, Christopher H. [R-NJ-4], Rep. Miller, Mary E. [R-IL-15], Rep. Steube, W. Gregory [R-FL-17]
Recent Actions
- 2026-03-12: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-12: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-12: Introduced in House
- 2026-03-12: Introduced in House
Bill Versions
- Safeguarding Women from Chemical Abortion Act — issued 2026-03-12 — PDF (5 pages)