Toward the end of 2025, 30 gas stations across South Dakota had signs plastered with ads reading “Pregnant? Don’t want to be?” and promoting the New York abortion pill supplier Mayday Health. Attorney General Marty Jackley immediately issued a “cease and desist” letter, noting that the ads were deceptive because abortion pills are illegal in the state of South Dakota.
Mayday responded to Jackley’s letter by refusing to take down the ads, citing First Amendment protections. On December 23, Jackley formally filed a lawsuit against the company, explaining that further investigation 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.”
On January 6, Mayday filed a countersuit against South Dakota, arguing that the initial lawsuit was unconstitutional and that states “may not punish Mayday for publishing truthful information on a public issue,” including “information about legal abortion services in jurisdictions that have made abortion illegal.”
Jackley was notified of the countersuit by a local media station, to which he replied:
“It is concerning to learn of a purported lawsuit through a media inquiry rather than from the opposing party or proper service,” Jackley noted. “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.”
Jackley has since traveled to New York to continue the legal fight, and we will keep you posted as both of these court battles progress.
Since Roe v. Wade was overturned in 2022 and mail-order abortions skyrocketed due to decreased availability of surgical abortions, national concern has continued to grow over the safety of Mifepristone and white-label abortion drugs.
The Ethics and Public Policy Center released the largest-known study of the abortion pill to date in April 2025, finding that “10.93 percent of women experience sepsis, infection, hemorrhaging, or another serious adverse event within 45 days following a mifepristone abortion.” Over 5,600 women required hospitalization following the use of mifepristone from 2017-2023, and 40,960 visited the ER. The chart below details the 94,605 documented adverse events women experienced from taking the abortion pill.
Image courtesy of the EPPC
The rate of adverse events uncovered by the EPPC is 22 times higher than the FDA drug label currently claims. Health and Human Services Secretary RFK Jr. has promised the FDA will conduct a full review of the pill Mifepristone and rethink safety standards in light of the findings. Planned Parenthood and other abortion suppliers are notorious for overlooking critical safeguards to ensure women are not seriously harmed – or even killed – by chemical abortions. Watch Live Action’s exposé below:
Mayday Health is disregarding South Dakota law and endangering the health and well-being of pregnant women in our state by promoting abortion methods that are proven to have a high rate of adverse events. We’re thankful Governor Rhoden and Attorney General Jackley are taking action to protect women and babies from the harms of chemical abortions in our state. We will continue to work with pro-life allies across the nation to ensure that South Dakota remains a pro-life state where mothers and babies are protected.
Feature Image Courtesy of Mayday Health
