Texas Legislature Passes Landmark Ban on Abortion Pills, Empowers Private Lawsuits Against Health Care Providers and Drug Manufacturers

In a move that could set a precedent for similar laws nationwide, the Texas Legislature has approved a comprehensive ban on abortion pills, targeting both the manufacturing and distribution of these medications within state lines. The legislation, passed by the Texas Senate with an 18-9 vote, grants private citizens the right to sue anyone involved in sending, delivering, or producing abortion medication for use in Texas, including doctors, pharmaceutical companies, and shipping companies . The law is expected to be signed by Republican Governor Greg Abbott, marking a significant escalation in Texas’s efforts to restrict abortion access.

The new law, known as House Bill 7, prohibits the manufacture of abortion drugs in Texas and bans mailing abortion medications—primarily mifepristone and misoprostol—into the state. It empowers any private individual to file civil lawsuits against those who manufacture, prescribe, or facilitate the delivery of the pills to Texas residents, with successful plaintiffs eligible to receive at least $100,000 in damages per instance .

Notably, the law exempts pregnant people who take abortion medications from liability. However, it allows lawsuits against parents or partners who assist in seeking out-of-state telemedicine prescriptions or mail-order pills . The legislation further closes previous loopholes by explicitly targeting out-of-state prescribers and pharmacies that ship abortion pills into Texas .

Supporters, such as Sen. Bryan Hughes (R-Mineola), argue the bill protects “little unborn babies and their moms” and claim it is a necessary response to what they describe as “Big Pharma” exploiting legal loopholes to send pills to “vulnerable women” .

Since the U.S. Supreme Court’s decision in *Dobbs v. Jackson Women's Health Organization* in 2022, Texas has enforced a near-total ban on abortion, with very narrow exceptions for cases where a pregnant person’s life or a major bodily function is at risk . There are no exceptions for rape or incest under current Texas law.

Despite these restrictions, many Texans have continued to access abortion medications via mail, often through telehealth providers located out of state. A report by the Society of Family Planning found that by May 2024, as many as 8,000 Texans per month were obtaining medication abortions through the mail, even in the face of legal uncertainty .

Texas’s new law is the first in the nation to target drug manufacturers and out-of-state providers so directly, and it is expected to trigger a fresh wave of legal challenges. Shield laws in states with more permissive abortion policies—such as New York and California—could complicate enforcement and spark interstate legal battles over whether Texas can impose civil penalties on out-of-state actors .

Texas Attorney General Ken Paxton has already sued a New York-based doctor for prescribing abortion medication to a Texas resident, but legal protections in New York have shielded the provider from Texas’s reach. The new law attempts to circumvent these protections by creating a private right of action, potentially exposing a wide array of individuals and companies to litigation in Texas courts .

Medical experts and rights advocates highlight that the abortion medications targeted by the law are FDA-approved and considered safe when used as directed . Critics argue that the new law may increase the risk of unsafe abortions and medical complications, as people turn to less regulated sources or delay care .

With Texas often serving as a bellwether for conservative legislative trends, reproductive health advocates warn that this approach could inspire similar measures in other states. Republican lawmakers have openly described the Texas law as a “blueprint” for restricting medication abortion nationwide .

The law’s broad scope—targeting manufacturers, digital networks, and delivery companies—means its legal impact could reach well beyond Texas’s borders. If successful, it could create a chilling effect on the distribution of abortion medication across the United States .

As Texas prepares for a new era of abortion restrictions, legal experts predict a protracted battle in state and federal courts over the constitutionality and enforceability of the statute . Advocates for reproductive and queer rights are mobilizing to challenge the law and support those affected, warning that its impact will be felt most acutely by marginalized and underserved communities.