MITCHELL, SD (Mitchell Now) — South Dakota Attorney General Marty Jackley has filed a motion in circuit court seeking to stop what he calls deceptive advertising related to abortion pills and abortion services in South Dakota.
The request was filed Monday in Hughes County Circuit Court and asks for a preliminary or permanent injunction against Mayday Medicines Inc., doing business as Mayday Health of New York, and AllOver Media LLC, doing business as Momentara of Minnesota.
“These ads are targeting women—including teenagers—encouraging them to take these pills while misleading them about the potential physical risks,” Jackley said. “At the same time, they promote secrecy by urging women not to inform their doctors and children not to tell their parents.”
Jackley said the companies launched what he described as a targeted advertising campaign beginning Dec. 8 at an estimated 30 gas stations across South Dakota. The ads directed consumers to the Mayday Health website for information on abortion services.
According to the court filing, the state is seeking an injunction under South Dakota law to prevent what it alleges is deceptive advertising. The motion states that immediate and irreparable harm could result to consumers misled by the advertisements.
Abortions are banned in South Dakota except under specific circumstances, and state law also prohibits the administering or procuring of drugs to perform an abortion. Jackley said the advertisements misrepresent what services are legally available in the state.
The Attorney General’s Office sent a cease-and-desist letter to Mayday Health on Dec. 10. Several gas stations have since voluntarily removed the ads.
A hearing date has not yet been scheduled. If the court grants the injunction and the companies fail to comply, Jackley said the state would seek penalties of up to $5,000 per violation.