Mayday Health Sues South Dakota Over Abortion Pill Ad Ban

Mayday Health filed suit against South Dakota's ban on medication abortion ads.

In December 2025, New York-based nonprofit Mayday Health initiated an advertising campaign across approximately 30 gas stations in South Dakota, with messages such as "Pregnant? Don't want to be?" urging people to visit their website for information on abortion pills. These medication abortions have been FDA approved for over 20 years. The ads sparked immediate backlash from South Dakota officials.

On December 10, 2025, South Dakota Attorney General Marty Jackley issued a cease-and-desist letter to Mayday Health, accusing the group of running deceptive advertisements that violate state laws prohibiting the promotion of abortion services. Jackley stated, "These ads are targeting women—including teenagers—encouraging them to take these pills while misleading them about the potential physical risks." The state's governor, Larry Rhoden, added, "South Dakota moms and babies deserve to be protected from deceptive advertising." The letter demanded an immediate halt to the campaign.

Mayday Health responded by filing a federal lawsuit on January 6, 2026, challenging South Dakota's restrictions as violations of their First Amendment rights to free speech. Executive Director Liv Raisner emphasized that Mayday's messages are protected free speech aimed at spreading accurate information about the safety and efficacy of abortion pills. The complaint alleges the state’s actions chilled constitutionally protected speech.

After months of litigation, both parties reached a settlement in March 2026. Mayday Health agreed to remove all physical advertisements in South Dakota, and in turn, the state dropped its legal actions against the organization. Details of the agreement remain private. The broader implications of the case continue to resonate amidst ongoing debates about abortion laws and reproductive health information.