South Dakota AG Stops Abortion Biz From Running Ads

There is a victory in South Dakota that should help save babies and protect women from abortions.

South Dakota Attorney General Marty Jackley has secured a settlement with New York-based Mayday Health, an abortion pill business. The settlement requires the abortion company to remove all advertisements promoting abortion pills from gas stations across the state and to cease deceptive advertising in South Dakota.

The agreement resolves a lawsuit filed by Jackley’s office after Mayday Health began displaying signs in December in an attempt to sell abortion pills in contravention of the state’s abortion ban that protects babies.

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Jackley issued a cease-and-desist letter shortly after the ads appeared, citing deceptive practices and violations of state law. Over 650 consumer complaints were received regarding the ads.

“Mayday Health targeted women and young girls encouraging them to take abortion pills while misleading them about the physical risks,” Jackley said in a statement. “My position has been clear and unwavering, South Dakota law governs, and the misleading advertisements must be, and are, stopped.”

The law prohibits ending a baby’s life in abortion except when necessary to save the mother’s life, with no exceptions for rape or incest, and classifies performing or prescribing an abortion as a Class 6 felony.

Jackley’s office described the ads as unlawful and deceptive for failing to acknowledge the state’s prohibitions and for downplaying risks associated with abortion pills. The settlement follows earlier court developments, including a federal judge’s ruling in February that the case belonged in South Dakota state court rather than New York federal court, where Mayday Health had filed a counter-lawsuit alleging First Amendment violations.

The judge declined to grant Mayday an injunction, stating, “I do believe that the law requires me to abstain from exercising federal jurisdiction in this case,” and “I trust that the South Dakota court will get it right.”

As part of the agreement, both parties resolved their respective cases, with no further litigation in either state. Mayday Health agreed to pull the gas station placards and refrain from similar advertising efforts in South Dakota.

In response to Mayday’s claims, Jackley clarified: “Mayday was sued civilly in SD State Court for deceptive practices. Its attempt to sue South Dakota in New York Federal Court failed for lack of jurisdiction. Its attempt to dismiss in SD State Court similarly failed. Its lack of success in both New York Federal Court and SD State Court is straightforward. Its deceptive signs are down, and its obligations under the settlement are clear and expected to be followed at least in South Dakota.”

Jackley has emphasized his ongoing commitment to enforcing South Dakota’s protections for unborn children and pregnant women, including efforts to combat the illegal distribution and promotion of abortion pills in the state.

“The laws in South Dakota, in my opinion, are constitutional. They fit within Dobbs.” He further noted, “We believe there’s deceptive practices and illegal practices occurring… One is the sale of abortion pills, which are illegal in South Dakota. The other is public safety, how they are going beyond the FDA approved use of certain pills.”

The settlement comes amid legislative discussions on House Bill 1274, which would further prohibit the sale, distribution and advertising of abortion pills, with potential penalties for out-of-state entities involved in shipping them into South Dakota.

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