Attorney General Jackley Announces State Reaches Mayday Health Settlement and Removal of Unlawful Abortion Pill Ads

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces South Dakota has settled its lawsuit with Mayday Health, and the New York company has agreed to remove any signs with deceptive and unlawful advertisements of abortion pills in the state now and in the future.

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

Attorney General Jackley in December issued a letter to Mayday Health that it cease and desist from engaging in deceptive advertising regarding the availability of illegal abortion pills in South Dakota. Attorney General Jackley also filed a motion in state court requiring Mayday Health to take down its deceptive advertising that was contrary to South Dakota law.

Mayday Health responded by seeking an emergency temporary restraining order in New York U.S. Federal Court. A federal court judge in New York ultimately ruled that the state court was the proper place for the lawsuit to be heard. A South Dakota circuit court further ruled in favor of the state on jurisdiction and set a trial date for July 2026.

As part of the settlement, both sides agreed the cases in South Dakota and New York State are now resolved.

The settlement can be found here:

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