South Dakota Attorney General Demands Halt to Abortion Pill Advertising

Steve Jurrens
2 days ago
2 min read

Northeast Radio SD News – South Dakota - South Dakota Attorney General Marty J. Jackley has issued a cease and desist demand to Mayday Medicines Inc. (Mayday), ordering the company to immediately stop advertising the sale of abortion-inducing pills in South Dakota. The Attorney General stated that the company’s business practices appear to constitute a deceptive act or practice under state consumer protection laws.

The action follows an investigation launched by Attorney General Jackley at the request of Governor Larry Rhoden. Jackley’s office, which serves as the chief law enforcement officer and consumer protection advocate for the state, alleges that Mayday is misleading the public through deceptive information and advice provided in its advertisements.

Abortions are prohibited in South Dakota under state law (SDCL 22-17-5.1), except for specific, extenuating circumstances. Furthermore, state law criminalizes prescribing, procuring, or administering any medicine, drug, or substance to a pregnant female “to procure an abortion”.

Attorney General Jackley asserts that Mayday’s advertisements fail to state these prohibitions. In the cease and desist letter addressed to Olivia Raisner of Mayday Medicines Inc., Jackley wrote: “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.

The Attorney General noted that while South Dakota law does not punish women who undergo an abortion (SDCL 22-17-5.2), criminal liability falls on the individual who administered, prescribed, or procured the pills.

Attorney General Jackley warned that if Mayday refuses to comply with the demand, the state may bring a lawsuit against the company for violations of the South Dakota Deceptive Trade Practices and Consumer Protection Act (SDCL Ch. 37-24). If successful, the company could face civil penalties up to $5,000 per violation or felony criminal consequences.

The Attorney General has demanded that Mayday notify the South Dakota Office of the Attorney General by December 19, 2025, of the steps taken to remedy the situation.

Following the action, Governor Rhoden thanked Attorney General Jackley for his response. “South Dakota moms and babies deserve to be protected from deceptive advertising,” said Rhoden. “The Attorney General wasted no time responding to my request, and I thank him for his quick action.”