Mayday Health files countersuit against South Dakota over abortion pill ads

Mayday Health, the organization behind an abortion pill ad campaign in South Dakota, has responded to Attorney General Marty Jackley's lawsuit against it by filing a countersuit against the state, alleging that it has a constitutional right to promote the abortion pill there, despite state law.

Key Takeaways:

• Last month, the state of South Dakota filed a lawsuit against Mayday Health, which had been advertising the abortion pill at several gas stations within the state.

• Attorney General Marty Jackley called the ads deceptive because the abortion pill is illegal in South Dakota.

• Mayday Health has now filed a countersuit, claiming it can run the ads under its right to free speech.

The Backstory:

AG Jackley issued a "cease and desist" letter to Mayday Health last month after the organization began running an ad campaign promoting the abortion pill at gas stations throughout the state. Because the abortion pill is illegal in South Dakota, Jackley warned that the ads were deceptive.

Mayday refused to comply with Jackley's request to remove the ads, countering that they are protected under the First Amendment right to free speech.

On December 23, Jackley filed a lawsuit against Mayday, noting that an investigation into the company revealed a “plethora of deceptive acts and practices, false pretense, false promises, or misrepresentations, and the concealment, suppression, or omission of material facts in connection with the advertisement of abortion-inducing pills and abortion services; the sale of abortion related merchandise; and in the solicitation of contributions for charitable purposes.”

The Details:

On January 6, Mayday Health filed a countersuit against the state. The suit says Jackley “may not punish Mayday for publishing truthful information on a public issue” such as “information about legal abortion services in jurisdictions that have made abortion illegal.” It claims Jackley's legal action against it is unconstitutional.

“Information is not illegal,” said Liv Raisner, executive director of Mayday Health. “The First Amendment protects our right to publish truthful health information and the public’s right to access it.”

READ: NEW ANALYSIS: Nearly 11% of women suffer ‘serious adverse events’ after taking abortion pill

Jackley told news station KELOLAND that he only learned of the lawsuit after the outlet reached out to him for comment.

“It is concerning to learn of a purported lawsuit through a media inquiry rather than from the opposing party or proper service,” he told the news agency. “That is not how we conduct business in South Dakota. If we are served, we will review any claims presented appropriately; until then, we will continue with our lawsuit in South Dakota, which alleges that Mayday’s deceptive advertising practices promote illegal behavior and endanger the lives of our citizens.”

Zoom In:

Despite Mayday's claim that it is only sharing "truthful health information," the abortion pill — which ends the life of an innocent human being — is not healthcare. Healthcare aims to heal, while induced abortion aims to kill.

Mayday's website also fails to inform women of the many risks involved with taking the abortion pill, which include severe cramping, contractions, and heavy bleeding, as well as nausea, vomiting, diarrhea, abdominal pain, headaches, incomplete abortion, and infection. Some women have even died after taking the abortion pill.

1st Trimester Abortion | The Abortion Pill | What Is Abortion?

Research carried out by the pro-abortion group Gynuity revealed that 6% of women who took the abortion pill required care at an ER or urgent care facility. A more recent analysis determined that serious adverse events from the abortion pill drug mifepristone occur at a rate approximately 22 times higher than the rate reported on the Food and Drug Administration’s (FDA) label for the drug.

None of this information is available on Mayday Health's website.

What's Next:

According to KELOLAND, the first hearing for Jackley’s lawsuit against Mayday is scheduled for January 12.