SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
attorney generals
16 AGs Push Congress to Pass Federal Ban on Price Gouging
"During and after a crisis, it is unfair—and harmful to our economy—for companies to reap higher profits for selling goods and services that families need to survive."
Oct 30, 2024
The attorneys general of 15 states and the District of Columbia on Wednesday wrote to the top Democrats and Republicans in Congress to advocate for a federal prohibition on price gouging.
"Businesses should never be able to hike prices during an emergency just to increase their profits," said New York Attorney General Letitia James, who led the letter. "When companies take advantage of major disruptions and raise prices of food and supplies that New Yorkers rely on, my office holds them accountable, getting people their money back and protecting their wallets."
"Our federal government should have the same power to protect Americans when disaster strikes and stop price gouging at the national level that threatens both hardworking families and small businesses," asserted James, a Democrat.
The letter points out that "over 40 states across the country make price gouging unlawful, reflecting the widespread national consensus that exists, across ideological and regional differences, that in the immediate run-up to and aftermath of a crisis, it is unfair—and harmful to our economy long-term—to reap higher profits for selling goods and services people need to survive."
"As crises, whether natural or human in origin, become more common... now is the time to work constructively in a bipartisan fashion to create federal price gouging protections."
"Despite that consensus, there is currently no federal price gouging prohibition—and individual states face heightened challenges when protecting consumers from price gouging when so many product supply chains are nationwide," it continues. "A federal price gouging prohibition would provide critical partnership to state enforcement and protect consumers and small businesses alike."
The letter—addressed to House Speaker Mike Johnson (R-La.) and Minority Leader Hakeem Jeffries (D-N.Y.) as well as Senate Majority Leader Chuck Schumer (D-N.Y.) and Minority Leader Mitch McConnell (R-Ky.)—lays out how price gouging bans address market failures and strengthen the economy, explaining that "they act like 'circuit breakers' in a stock market: They put a pause on panic-driven price changes and give everyone a chance to make sure they are making the right pricing choices for the long-term."
Price gouging prohibitions also "prevent inefficient pricing overreactions in the heat of a crisis" and "help to prevent hoarding," the letter adds. Further, they "can restrain inefficiently high prices for products where there is very little competition."
"A federal price gouging prohibition that complemented state prohibitions would allow federal enforcement agencies, such as the Federal Trade Commission, to identify and restrain unjustified and irrational price increases throughout the entire supply chain, unconstrained by the complications of state-by-state enforcement," the attorneys general wrote. "Such a prohibition should not preempt state laws, but complement and strengthen them by focusing federal enforcement on price gouging that cannot practicably be stopped by a single state."
"Our states provide many different models for how such a price gouging statute might be framed," the coalition noted. "But as crises, whether natural or human in origin, become more common and the cost of living continues to be too high for working families, we believe now is the time to work constructively in a bipartisan fashion to create federal price gouging protections to complement price gouging protections that already exist in almost every state."
In addition to the D.C. attorney general, James was joined by the AGs in Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Oregon, New Jersey, New Mexico, New York, Pennsylvania, and Vermont.
"During and after a crisis, it is unfair—and harmful to our economy—for companies to reap higher profits for selling goods and services that families need to survive," said California Attorney General Rob Bonta. "That is why California's price gouging law protects Californians during and after wildfires, severe weather storms, and other emergencies."
"A federal price gouging prohibition that complements state law would build on successful partnerships between states and the federal government to protect consumers by making it easier to enforce price gouging prohibitions nationally, up the supply chain," the Democrat added. "This would benefit California consumers and small businesses who currently bear the brunt of their suppliers' price setting."
The letter comes amid a fossil fuel-driven climate emergency featuring extreme weather that is increasingly impacting U.S. communities and less than a week away from Election Day, when Americans will choose the next Congress and President. In the race for the White House, former Republican President Donald Trump faces Democratic Vice President Kamala Harris. In August, the Democrat proposed a federal ban on price gouging by food supplies and grocery stores.
"I still remember our mother sitting at that yellow formica table late at night, cup of tea in hand, a pile of bills in front of her, trying to make it all work. And I've heard from so many of you who are facing even greater financial pressures," Harris said in a Tuesday campaign speech. "I will enact the first-ever federal ban on price gouging on groceries, cap the price of insulin, and limit out-of-pocket prescription costs for all Americans. I will fight to make sure that hardworking Americans can actually afford a place to live."
Keep ReadingShow Less
Democratic AGs Fight Back Against GOP Attacks on Abortion Pill Access
"In a time when reproductive healthcare is under attack, our group of 23 attorneys general strongly believe we should be encouraging companies and providers to offer easily accessible, safe, and confidential healthcare as broadly as possible."
Feb 16, 2023
Warning that Republican-led states have launched an effort to keep millions of people from accessing lifesaving medications, 23 Democratic state attorneys general on Thursday sent a letter to officials at CVS and Walgreens to assure the pharmacies that they can legally dispense and mail mifepristone and misoprostol, the pills used in medication abortions.
The attorneys general of Oregon, California, and Washington spearheaded the letter two weeks after their Republican counterparts in 20 states
told the pharmacies that they could be in violation of the Comstock Act, dating back to the 1870s, if they deliver the pills to patients by mail.
"This claim is misguided and disregards over a century's worth of legal precedent," wrote the Democratic attorneys general. "As extensively detailed in the [Food and Drug Administration] Office of Legal Counsel's recent memorandum opinion, since the early 20th century, federal courts have repeatedly and consistently held that the Comstock Act does not categorically prohibit mailing items that can be used to terminate a pregnancy, and does not apply unless the sender intends the recipient to use them unlawfully."
\u201cDemocratic AGs are fighting back.\n\nIt should always be your choice.\u201d— Tish James (@Tish James) 1676476356
The Republican attorneys general, led by Andrew Bailey of Missouri, issued their warning to the two largest pharmacy chains in the U.S. a month after the FDA announced that certified retail drugstores can dispense misoprostol and mifepristone, reversing longtime regulations that required patients to obtain the latter pill only at health clinics. Health professionals had long advocated for the change, saying the restrictions unnecessarily reduced access to the medications.
Both CVS and Walgreens announced shortly after the rule was changed that they intended to apply for certification to dispense the pills.
Oregon Attorney General Ellen Rosenblum denounced Republican states for attempting "to scare retail pharmacy chains away from offering these critical medications," which are used to treat miscarriages, ectopic pregnancies, and gastric ulcers as well as inducing abortions.
"Mifepristone and misoprostol are safe, effective medications that are prescribed by doctors for many purposes, including abortion," said Rosenblum. "In a time when reproductive healthcare is under attack, our group of 23 attorneys general strongly believe we should be encouraging companies and providers to offer easily accessible, safe, and confidential healthcare as broadly as possible."
In addition to highlighting the safety and effectiveness of the pills, the attorneys general emphasized that:
- Restricting access to medication abortion jeopardizes patients' health, safety, and well-being, often forcing them to delay their care or seek abortions through unsafe means;
- Having the option to use medication abortion empowers people to make the personal and confidential choice of which method of abortion is better for them based on factors including cost, accessibility, medical history, age, and a desire to avoid surgery; and
- Increased access to reproductive care is especially important for communities underserved by the healthcare system, including people of color, low-income people, people with disabilities, LGBTQ+ individuals, and people living in rural areas, who face the greatest barriers to getting the care they need in a timely and safe manner.
Medication abortions accounted for 51% of all abortions in the U.S. in 2020, according to the Centers for Disease Control and Prevention. Misoprostol and mifepristone have been approved for use in abortion care through 10 weeks of gestation since 2000.
"Increasing access to safe and affordable reproductive healthcare is critically important to the health and well-being of millions of people across the country," said New York Attorney General Letitia James. "The evidence is clear: Medication abortion is safe and effective, and decades of clinical research back that up. Pharmacies that offer this lifesaving medication have the full support of my office."
The attorneys general sent the letter as reproductive rights advocates brace for a ruling on abortion pills by U.S. District Judge Matthew Kacsmaryk in Texas. The judge, who was appointed by former Republican President Donald Trump, has given attorneys arguing a case brought by an anti-abortion group until February 24 to finish filing legal briefs, indicating that a ruling could come soon.
The plaintiffs have asked Kacsmaryk to reverse the FDA's approval of mifepristone, which would cut off access to the drug across the nation.
Keep ReadingShow Less
GOP AGs Threaten Pharmacies If They Dispense Abortion Pills by Mail
"If abortion medication isn't available—if pharmacies literally don't carry it, or only have limited quantities available—we will see unprecedented suffering," said one rights advocate.
Feb 02, 2023
A month after the two largest pharmacy chains in the United States announced their efforts to become certified to dispense abortion pills by mail, in accordance with a new Food and Drug Administration rule, the Republican attorneys general of 20 states on Wednesday warned the companies that providing the medications by mail in their states could result in legal action against them.
In a letter co-signed by 19 attorneys general from states that have banned or attempted to ban abortion since the U.S. Supreme Court overturned Roe v. Wade last year, Attorney General Andrew Bailey of Missouri wrote to officials at Walgreens and CVS and suggested that they could face litigation if they follow new regulatory guidelines introduced by the FDA in early January.
The agency announced last month that retail drugstores can dispense mifepristone and misoprostol—drugs used for medication abortions, which accounted for 51% of abortions in 2020 according to the Centers for Disease Control and Prevention. The rule reversed strict regulations that for decades required patients to obtain mifepristone only at health clinics, which medical experts have long said were unnecessarily limited people's access to the pills and were rooted in politics rather than science.
"The prohibition and difficulty in accessing abortion pills has no medical basis, just a political one."
Both pharmacies
said soon after the rule was changed that they were beginning the process of becoming certified to send abortion pills to patients who have a prescription for them from a healthcare provider, in states where abortion care is legal.
The attorneys general who signed Bailey's letter on Wednesday claimed the companies will be in violation "not only of federal law, but also of the laws of the various states" if they follow the FDA guidance.
Two states—Indiana and Texas—have
imposed bans on medication abortions starting at a certain point in pregnancy, while 18 states require patients to be in the physical presence of a prescribing clinician to obtain mifepristone and misoprostol—restrictions that run afoul of the new federal regulations.
A manufacturer of mifepristone filed a lawsuit late last month to overturn West Virginia's abortion ban, arguing that the FDA's approval of the drug preempts the state's law.
The Biden administration also issued a legal opinion last month saying the U.S. Postal Service can mail abortion pills to states with abortion bans or severe restrictions, if the sender does not intend to break the law.
Of the 20 states whose attorneys general signed the letter sent Wednesday to CVS and Walgreens, 10—Alaska, Florida, Georgia, Indiana, Iowa, Montana, North Dakota, Ohio, South Carolina, and Utah— still permit abortion care. Several of the states have attempted to ban the procedure but the proposals have been blocked.
Despite this, the attorneys general suggested that sending abortion pills to patients in their states will violate their laws.
"These state laws reflect not only our commitment to protecting the lives and dignity of children, but also of women," wrote Bailey. "We emphasize that it is our responsibility as state attorneys general to uphold the law and protect the health, safety, and well-being of women and unborn children in our states."
The right-wing attorneys general "are in the wrong here," said women's rights group UltraViolet.
\u201cHonestly what is the problem with accessing medication at a retail pharmacy???\n\nThese 20 conservative attorneys general are in the wrong here. The prohibition and difficulty in accessing abortion pills had no medical basis, just a political one.\nhttps://t.co/X3DJT60wYt\u201d— UltraViolet has the #ReproReceipts (@UltraViolet has the #ReproReceipts) 1675350567
The letter comes just over a week after South Dakota's Republican governor, Kristi Noem, joined state Attorney General Marty Jackley in
threatening the state's pharmacists with felony charges if they distribute abortion pills.
If the pharmacies cave to the demands of the Republicans, said author and advocate Jessica Valenti, people in the 20 states in question "will no longer have access to one of the most common forms of miscarriage treatment."
"If abortion medication isn't available—if pharmacies literally don't carry it, or only have limited quantities available—we will see unprecedented suffering," she
said.
Keep ReadingShow Less
Most Popular