MITCHELL, SD (Mitchell Now) — South Dakota Attorney General Marty Jackley has ordered Mayday Health to immediately stop advertising abortion pill access in the state, saying the company’s materials mislead consumers about the legality of abortion-inducing medications. Jackley said the state may pursue legal action if the company does not comply.
In the letter, Jackley said the company’s advertisements fail to disclose South Dakota’s restrictions on abortion. State law bans abortion except under specific circumstances and prohibits administering or procuring any drug or substance to perform an abortion.
“Your advertisement directs South Dakota consumers to resources that insinuate abortion-inducing pills are legal in South Dakota, while also urging women not to seek medical care after taking abortion pills and to keep their abortion a secret,” Jackley wrote.
The Attorney General opened an investigation at the request of Gov. Larry Rhoden. Jackley said initial findings indicate the company is providing “deceptive information and advice,” which may violate the South Dakota Deceptive Practices and Consumer Protection Act.
If a lawsuit is filed, Mayday Health could face felony consequences or civil penalties of up to $5,000 per violation.
Gov. Rhoden thanked Jackley for taking swift action, saying the response helps protect South Dakotans from misleading advertising.
A copy of the Attorney General’s letter to Mayday Health is available through his office.