H.R. 7902

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7902 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7902

To provide that the approved application under the Federal Food, Drug, 
and Cosmetic Act for the drug mifepristone for the purpose of the 
termination of intrauterine pregnancy is deemed to have been withdrawn, 
to establish a Federal tort for harm to women caused by chemical 
abortion drugs, and for other purposes.

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IN THE HOUSE OF REPRESENTATIVES

March 12, 2026

Mrs. Harshbarger introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Committee 
on the Judiciary, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned

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A BILL

To provide that the approved application under the Federal Food, Drug, 
and Cosmetic Act for the drug mifepristone for the purpose of the 
termination of intrauterine pregnancy is deemed to have been withdrawn, 
to establish a Federal tort for harm to women caused by chemical 
abortion drugs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Safeguarding Women from Chemical 
Abortion Act''.

SEC. 2. WITHDRAWAL OF APPROVAL OF THE DRUG MIFEPRISTONE FOR TERMINATION 
OF PREGNANCY.

Effective upon the expiration of 14 days after the date of the 
enactment of this Act:
(1) Approval of an application submitted under subsection 
(b) of section 505 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 355) for the drug mifepristone (marketed as 
Mifeprex, and also known as RU-486) with an indication for the 
termination of intrauterine pregnancy, and of any application 
submitted under subsection (j) of such section for a drug with 
the same indication and for which mifepristone is the reference 
drug, is deemed to have been withdrawn under subsection (e) of 
such section.
(2) For purposes of sections 301(d) and 304 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 331(d); 334), the 
introduction or delivery for introduction of a drug, the 
approval of which has been withdrawn as described in paragraph 
(1), into interstate commerce shall be considered a violation 
of section 505 of such Act (21 U.S.C. 355).
(3) The drug mifepristone shall be considered misbranded 
for purposes of sections 301 and 304 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 331; 334) if the drug bears 
labeling providing that the drug may be used for the 
termination of intrauterine pregnancy or that the drug may be 
used in conjunction with another drug for the termination of 
intrauterine pregnancy.

SEC. 3. FEDERAL TORT FOR HARM TO WOMEN CAUSED BY CHEMICAL ABORTION 
DRUGS.

(a) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means a 
person that manufactures a covered medication for introduction 
into interstate commerce.
(2) Covered medication.--The term ``covered medication'' 
means the drug mifepristone (marketed as Mifeprex, and also 
known as RU-486), with an indication for the termination of 
intrauterine pregnancy, approved pursuant to an application 
submitted under subsection (b) or (j) of section 505 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).
(b) Liability.--A covered entity shall be liable in accordance with 
this section to any individual who suffers bodily injury or harm to 
mental health (including any physical, psychological, emotional, or 
physiological harm) that is attributable, in whole or in part, to the 
individual's use of a covered medication manufactured by a covered 
entity.
(c) Private Right of Action.--An individual who suffers bodily 
injury or harm to mental health that is attributable, in whole or in 
part, to the individual's use of a covered medication as described in 
subsection (b) may bring a civil action against the covered entity in 
an appropriate district court of the United States or a State court of 
competent jurisdiction for--
(1) compensatory damages;
(2) punitive damages; and
(3) attorney's fees and costs.
(d) Rules of Construction.--Nothing in this section shall be 
construed to preempt any State law that makes available any other 
remedy to an individual described in subsection (b).
(e) Effective Date.--This section shall take effect on the date 
that is 90 days after the date of enactment of this Act.

SEC. 4. RULE OF CONSTRUCTION.

Nothing in this Act shall be construed to affect any provision of 
section 1461 of title 18, United States Code.
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