Mayday Health Settlement Regarding Abortion Pill Advertisements

AG: South Dakota Press Releases

Filed March 9th, 2026

Detected March 18th, 2026

Summary

South Dakota Attorney General Marty Jackley announced a settlement with Mayday Health, resolving a lawsuit over unlawful abortion pill advertisements. The company has agreed to remove all deceptive and unlawful advertisements of abortion pills within the state.

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What changed

South Dakota has reached a settlement with Mayday Health, a New York-based company, to resolve a lawsuit concerning deceptive advertising of abortion pills. The settlement requires Mayday Health to remove all current and future signs displaying misleading advertisements about abortion pills in South Dakota, which were found to be contrary to state law. The Attorney General's office had previously issued a cease and desist letter and filed a motion in state court to halt these advertisements.

This action effectively stops Mayday Health from engaging in deceptive advertising practices within South Dakota regarding abortion pills. While no specific fines are mentioned, the resolution of the lawsuit and the removal of advertisements represent a significant compliance outcome for the company. Regulated entities, particularly those involved in healthcare advertising, should ensure their marketing practices align with state-specific laws and avoid misleading claims about medical services or products.

What to do next

Review advertising practices for compliance with state laws regarding medical services and products.
Ensure all advertisements accurately reflect the availability and risks of medical services, particularly in regulated areas like abortion.
Consult legal counsel to confirm adherence to specific state advertising regulations.

Source document (simplified)

Attorney General Marty Jackley

A TTORNEY OFFICE OF THE
SOUTH DAKOTA G ENERAL

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Attorney General Jackley Announces State Reaches Mayday Health Settlement and Removal of Unlawful Abortion Pill Ads
FOR IMMEDIATE RELEASE: Monday, March 9, 2026

Contact: Tony Mangan, **** Communications Director, 605-773-6878

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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