CHARLESTON, W.Va. (NEWSnet/AP) — West Virginia is allowed to restrict the sale of the abortion pill, despite federal regulators' approval of it as a safe and effective medication, a federal judge has ruled.

U.S. District Court Judge Robert C. Chambers determined Thursday that the near-total abortion ban signed by  Gov. Jim Justice in September 2022 takes precedence over approval from U.S. Food and Drug Administration.

“The Supreme Court has made it clear that regulating abortion is a matter of health and safety upon which States may appropriately exercise their police power,” Chambers wrote in a decision.

The decision dismisses most challenges against the state by abortion pill manufacturer GenBioPro Inc., in a January lawsuit filed in the state southern district’s Huntington division.

GenBioPro, the nation's only manufacturer of a generic version of the abortion pill mifepristone, had argued the state cannot block access to a U.S. Food and Drug Administration-approved drug.

Chambers dismissed the majority of the manufacturer's challenges, finding there is “no disputing that health, medicine, and medical licensure are traditional areas of state authority.”

In a statement Friday, GenBioPro CEO Evan Masingill said the company remains “confident in the legal strength” of its case and is considering next steps.

“GenBioPro was founded on the belief that all people should have access to evidence-based, essential medication and will continue to use all legal and regulatory tools available to ensure access for all,” Masingill said.

Chambers will allow a challenge by the manufacturer regarding telehealth to proceed. Congress has given FDA the right to dictate the manner in which medication can be prescribed, and the agency has determined mifepristone may be prescribed via telemedicine.

Mifepristone is one of two pills used in medication abortion procedures. The other, misoprostol, also  is used to treat other medical conditions.

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