H.R. 10954: Don’t Flush Babies Act

This bill would change federal rules for abortion drugs in two main ways: it would require new warning labels on the packaging of abortion drugs, and it would require abortion providers to give patients a “catch kit” and handle any returned material for disposal.

Warning label requirements

The bill would amend the Federal Food, Drug, and Cosmetic Act so that abortion drugs are considered misbranded unless their packaging includes, on the front panel and in a prominent, easy-to-read way:

• A warning saying: “DO NOT FLUSH THE FETUS OR SOLID MEDICAL WASTE GENERATED BY USE OF THIS DRUG”
• A symbol next to the warning showing a fetus at 10 weeks of gestation and a toilet inside a red “do not” symbol
• A statement explaining that the image is of a fetus at 10 weeks and that development varies by gestation, and advising the patient to discuss gestation with a healthcare provider

The bill defines “abortion drug” to include mifepristone products such as Mifeprex, Mifegyne, and similar drugs intended for use in an abortion. It also defines “packaging” broadly to include both the immediate container and any outer container.

Catch kit and disposal requirements

The bill would direct the Secretary of Health and Human Services to require abortion providers who prescribe, dispense, or otherwise encourage use of an abortion drug for an abortion to:

• Provide the patient with a catch kit and instructions for its use
• Get a signed or electronic acknowledgment that the patient received the kit and instructions
• Accept returned human fetal remains and related medical waste from the patient, or someone authorized by the patient, following the kit instructions
• Arrange for burial or cremation of the human fetal remains and disposal of the medical waste

The kit would have to include two leak-resistant biohazard containers, one for “Human Fetal Remains” and one for “Solid Medical Waste,” plus physical instructions for collection, containment, transportation, disposal, burial or cremation, and in-person return to the provider. The kit instructions would also have to say that these materials may not be returned by mail.

Penalties

Anyone who prescribes or dispenses an abortion drug for the purpose of an abortion without providing the required catch kit and documentation, or who tampers with the kit, could face criminal penalties of up to 5 years in prison, a fine of $20,000 to $150,000, or both, for each offense.

Other provisions

The bill states that it should not be read to change any federal or state requirements relating to emergency medical treatment. It would apply to abortion drugs packaged 180 days after the date the bill becomes law.

Relevant Companies

• VTRS — Viatris sells Mifeprex, one of the main drugs covered by the bill, so its packaging and distribution practices could be directly affected.