Victory in Louisiana: State Court Allows Legal Challenge to Louisiana Law Classifying Mifepristone and Misoprostol as Controlled Substances to Proceed

05.15.25– (MEDIA ADVISORY) Earlier today a state court allowed the legal challenge to a Louisiana law classifying mifepristone and misoprostol as controlled substances to proceed.  The judge issued their ruling during a hearing that addressed nine exceptions filed by the defendants in the legal challenge.

“What Louisiana has done in passing Act 246 is dangerous,” said Plaintiff Birthmark member-owner.  “We are prepared to continue to advocate for the safety of patients in Louisiana. Today’s ruling allows us to do so.” 

“Today’s ruling means our plaintiffs can continue their legal challenge against this dangerous and discriminatory law,” said Allison Zimmer, Litigation Counsel at the Lawyering Project.  “The plaintiffs in this case – as well as their patients and clients – have all experienced specific and ongoing harms because of this law and we are pleased to continue this legal fight on their behalf.”

Case History

Birthmark v. Louisiana was filed in October 2024 and amended in January 2025 and challenges a Louisiana law (Act 246) that adds mifepristone and misoprostol to Louisiana’s Controlled Dangerous Substances (“CDS”) schedules, subjecting medical professionals and their patients to a highly regulated legal scheme that will delay access to potentially lifesaving medications.

In addition to being a safe and effective way to end a pregnancy, mifepristone and misoprostol are also used to treat a wide variety of conditions – both related and unrelated to pregnancy – including postpartum hemorrhage, miscarriage management, Cushing’s Syndrome, uterine fibroids, ovarian cancer, and gastric ulcers.

The challenge was filed by Lift Louisiana, the Lawyering Project, and Schonekas, Evans, McGoey &  McEachin, LLC on behalf of Birthmark Doula Collective, Nancy Davis, New Orleans physician Dr. Emily Holt, Kaitlyn Joshua, Shreveport pharmacist Kaylee Self, five OB-GYNs, and a Certified Nurse Midwife.

Read more about the case and hear directly from the plaintiffs in this press release.

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