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South Dakota Reaches Settlement with Mayday Health Over Abortion Pill Ads
Attorney General Jackley says company agreed to remove deceptive and unlawful advertisements in the state.
Published on Mar. 10, 2026
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South Dakota Attorney General Marty Jackley announced that the state has settled its lawsuit with Mayday Health, a New York-based company. As part of the settlement, Mayday Health has agreed to remove any signs with deceptive and unlawful advertisements of abortion pills in South Dakota now and in the future.
Why it matters
This settlement is significant as it addresses concerns over misleading advertising around abortion pills, which has been a point of contention between states with restrictive abortion laws and organizations promoting access to reproductive healthcare.
The details
In December, Attorney General Jackley issued a cease and desist letter to Mayday Health, ordering the company to stop its deceptive advertising regarding the availability of illegal abortion pills in South Dakota. Jackley also filed a motion in state court requiring Mayday Health to take down its ads, which the state deemed contrary to South Dakota law. Mayday Health responded by seeking an emergency temporary restraining order in a New York federal court, but a judge ruled that the state court was the proper venue for the lawsuit. A South Dakota circuit court later ruled in favor of the state on jurisdiction and set a trial date for July 2026. As part of the settlement, both sides agreed to resolve the cases in South Dakota and New York.
- In December, Attorney General Jackley issued a cease and desist letter to Mayday Health.
- Mayday Health sought an emergency temporary restraining order in a New York federal court in response.
- A South Dakota circuit court ruled in favor of the state on jurisdiction and set a trial date for July 2026.
- The settlement was reached in March 2026.
The players
Marty Jackley
The Attorney General of South Dakota who announced the settlement with Mayday Health.
Mayday Health
A New York-based company that agreed to remove deceptive and unlawful advertisements of abortion pills in South Dakota as part of the settlement.
What they’re saying
“Mayday Health targeted women and young girls encouraging them to take abortion pills while misleading them about the physical risks. My position has been clear and unwavering, South Dakota law governs, and the misleading advertisements must be, and are, stopped.”
— Marty Jackley, Attorney General of South Dakota
The takeaway
This settlement highlights the ongoing tensions between states with restrictive abortion laws and organizations promoting access to reproductive healthcare. It underscores the importance of accurate and transparent advertising around sensitive medical procedures like abortion pills.
