Oklahoma Lawsuit Challenges Off-Label Use Of Abortion Drugs

An Oklahoma court will decide whether or not a law that restricts how doctors can treat women with abortion-inducing drugs is constitutional. The case comes just three weeks after another Oklahoma judge struck down the state’s mandatory ultrasound law and as the women’s health advocates battle a push to give legal rights to embryonic cell clusters.

The law at the center of this dispute tackles a common and controversial practice known as off-label prescribing. The Oklahoma law under review requires doctors to follow the strict guidelines approved by the U.S. Food and Drug Administration and prohibits any off-label uses of the drugs including changing a recommended dosage or prescribing it for different symptoms than the drug was initially approved for.

But this flies in the face of established medical practice and again segregates out women’s medical treatment and care as separate and unequal from men. Approximately 40-60% of all prescriptions written in the United States are for off-label uses, yet bills like the one in Oklahoma only target the very small percentage of off label uses related to abortion.

The lawsuit hits the divide between the FDA’s ban on off-label marketing of pharmaceutical products and the FDA’s acceptance of doctors who routinely prescribe medications and dosages for off-label usage. It’s an area that deserves scrutiny across the entire medical industry, but that’s not what is happening here.

Instead, anti-choice activists insist the FDA’s regulatory muscle should only be flexed to restrict access to medical care related to abortion services. This is on its face discriminatory as it limits women’s access to routine medical practices simply by virtue of their gender.

If and when lawmakers want to get serious about the problems in the FDA regulatory structure that allows cozy relationships between doctors and pharmaceutical companies and blurs the lines of informed patient consent, then we can have a conversation about the appropriate on and off-label use of abortion-inducing drugs. But until then these bills are nothing more than legislative attempts to dictate the standard of care as it relates to women and reproductive health care, regardless if those legislators are doctors or not.

Related Stories:

Lawsuit Filed Challenging Oklahoma Personhood.

Oklahoma Ultrasound Law Blocked. How Soon Till SCOTUS Review?

Photo from Italian voice via flickr.


Mahto A.
Mahto A.5 years ago

Gay marrige is constitutional between a couple so why are we still arguing what a couple desides to have or not to have decide whether or not abortion-inducing drugs is constitutional.

Read more: http://www.care2.com/causes/oklahoma-lawsuit-challenges-off-label-use-of-abortion-drugs.html#ixzz1uxV1S2Ud

Carrie H.
Carrie H5 years ago

Doctors need to be allowed to be doctors, if they fee an off label use is good for something that is for him and his patient. I don't want a drug company and they have sued doctors and lost deciding how much a doctor is to dose. Every body is different and their is no one size fits all.

paul h.
paul h5 years ago

regarding labelling, check this out


Ellyn V.
Ellyn V5 years ago

Doctors either need to be free to prescribe the medications that they see as appropriate for a patient's condition or they need to only be allowed to prescribe what has been approved by the FDA. You cannot pick and choose which doctors or what drugs have freedom. To even be remotely legal, you would have to ban off label prescribing on ALL medications.

Just a thought I had: As stated, off label prescriptions account for 40-60% of prescriptions written. Can you imagine Big Pharma allowing a ban on off label prescribing and losing 40-60% of prescriptions?

Andrew Carvin
Andrew Carvin5 years ago

I made a video about why abortion should be easily available, and free for any woman that wants one. It’s at my YouTube channel Zarrakan, and here’s the link:


Watch it, share it, and join the fight against the evil anti-abortionists.

Linda T.
Linda T5 years ago

Where is their outrage over other off labeling drugs? Seems are few weeks back they were all for off labiling drugs being used on children for A.D.H.D., high blood pressure, etc. Off labeled drugs are used on the masses with no so much as a study to accompany them.

Gloria H.
Gloria H5 years ago

Wouldnt any drug with the warning not to take when pregnant be a clue for miscarriage? So why not remove temptation from any scheming female wanting to do in a fetus or just start her period...and ban all drugs with this label? So what if people with cancer or diabetes wouldn't have access to the drugs...you'd be saving a freakin fetus and earning gold stars with Your God (not mine).

Tony C.
Tony C5 years ago

If more women don't realize that their rights are speedily being taken away by the narrow minded politicians and don't act by voting them out of office, there will come a day when they will ask themselves, what happened to my rights?? By that time it will be too late. The future of women who have to put up with all this injustice of being attacked on contraception, abortion, and closing the Planned Parenthood offices which have helped with cancer screenings, pregnancies and many others is leading them down the path to second class citizenship. Women have so much power but they don't realize it, and if they do they don't use it. If women went on strike in the kitchen and the bedroom I believe things would change quickly and for the better. Look at the voting records of all the politicians and use the Power of your VOTE and remove any politician of any party that tries to take away your rights.

Sue Matheson
Sue Matheson5 years ago


Juliet Defarge
judith sanders5 years ago

Do they have any idea how many prescription drugs interfere with conception or contribute to fetal death? No? Neither does anybody else.

I keep waiting for American doctors to stand up on their hind legs and refuse to accept legislative interference.

Did you ever wonder how anybody could worship a god that told Abraham to sacrifice his son? Well, here we have men who are willing to sacrifice their female family members to religion.