Position Statement: CMSS Warns that Mifepristone Ruling Threatens All FDA-approved Drugs

April 13, 2023

The Council of Medical Specialty Societies (CMSS), a coalition of 50 specialty societies across medicine, strongly condemns Judge Kacsmaryk’s decision which threatens to restrict access to a Food and Drug Administration (FDA)-approved medication and other treatments. We stand with patient groups who have recently warned of the threat that could result from this misguided Mifepristone ruling. We remain concerned that the recent order from the Fifth Circuit Court of Appeals will generate further confusion among the public as to the availability of mifepristone, a drug conclusively proven to be safe and effective, and undermine the scientific rigor of FDA review and approval.

The case of Alliance for Hippocratic Medicine et al v FDA et al sets a dangerous precedent that erodes an institution critical to Americans having access to the care they need. This decision is in direct conflict with CMSS’s policy opposing government interference into the practice of medicine. As stated, “CMSS opposes any governmental efforts that interfere with the practice of medicine and undermine the integrity of the patient-physician relationship.”

Physicians of all specialties depend on the FDA for the rigorous assessment of the safety of drugs and devices. It is critical that physicians and other scientific experts determine the safety and efficacy of drugs and treatments. This ruling sets in motion a process to block access to mifepristone, which is used in the treatment of several diseases. This judicial decision on mifepristone could lead other courts to inappropriately block access to other safe and efficacious FDA-approved drugs and treatments.

Physicians and the patients we serve trust the expertise of FDA. If this judge’s ruling is allowed to stand, physicians and patients can no longer assume that determinations about drug safety are made by experts.

We support the FDA’s role in safeguarding patients and urge the United States Supreme Court to act swiftly to reverse Judge Kacsmaryk’s decision.


Click here to review the CMSS Policy Statement “Opposing Government Interference in the Patient-Physician Relationship.”


About the Council of Medical Specialty Societies (CMSS)

The Council of Medical Specialty Societies (CMSS) is a coalition of 50 specialty societies representing more than 800,000 physicians across the house of medicine. As the national organization of specialty societies, CMSS provides a proactive platform to assess and address emerging issues across specialties that influence the future of healthcare and the patients we serve.