A divided federal appeals court panel on Tuesday upheld West Virginia’s ban on medication abortion, ruling that the law does not conflict with the Food and Drug Administration’s (FDA) ability to regulate the drug.

The U.S. Court of Appeals for the 4th Circuit dismissed mifepristone manufacturer GenBioPro’s effort to strike down West Virginia’s near-total abortion ban in a 2-1 decision. The court ruled FDA's approval of mifepristone did not preempt West Virginia's law.

GenBioPro produces a majority of the mifepristone sold in the United States and has held FDA approval for generic mifepristone since 2019.

GenBioPro argued that FDA’s authority to impose regulations on the prescription and distribution of mifepristone superseded state efforts to restrict access to medications. A lower court

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