South Dakota’s Attorney General Marty Jackley announced a significant settlement on Monday with Mayday Health, concluding a legal dispute regarding the organization’s advertising practices related to abortion pills. The New York-based group has agreed to eliminate all promotional materials in South Dakota that state officials deemed misleading to women and minors concerning the availability and risks associated with abortion pills.
In a statement, Jackley emphasized the state’s commitment to upholding its laws. “Mayday Health targeted women and young girls encouraging them to take abortion pills while misleading them about the physical risks,” he said. “My position has been clear and unwavering—South Dakota law governs, and the misleading advertisements must be, and are, stopped.”
Legal Background and Developments
The conflict began when Jackley issued a cease-and-desist letter to Mayday Health in December 2022, alleging that the group was engaging in deceptive advertising concerning illegal abortion pills in South Dakota. Following this, the state filed a motion in circuit court to have the advertisements removed, citing violations of state law.
In response, Mayday Health sought an emergency temporary restraining order in federal court in New York. However, a federal judge ruled that the case should be handled in South Dakota state court. Subsequently, a South Dakota circuit court ruled in favor of the state, setting a trial date for July 2026.
The newly reached settlement resolves the ongoing cases in both South Dakota and New York. The Attorney General’s Office confirmed that the agreement includes provisions for the removal of the contested advertisements moving forward.
This settlement highlights the state’s efforts to regulate advertising practices regarding abortion services and ensure that women and minors receive accurate information about their options and associated risks.
