South Dakota Attorney General Marty Jackley has asked a circuit court to order two companies to stop what he calls deceptive advertising related to abortion pills and abortion services in the state.
Jackley filed a motion Monday in Hughes County Circuit Court seeking a preliminary or permanent injunction against Mayday Medicines Inc., doing business as Mayday Health of New York, and AllOver Media LLC, doing business as Momentara of Minnesota.
“These ads are targeting women—including teenagers—encouraging them to take these pills while misleading them about the potential physical risks,” Jackley said in a statement. “At the same time, they promote secrecy by urging women not to inform their doctors and children not to tell their parents. This isn’t just deceptive advertising; it’s putting the health of women and young girls in danger.”
According to the filing, the companies began what the attorney general described as a “targeted assault of deceptive abortion advertisements” on Dec. 8, placing ads at an estimated 30 gas stations across South Dakota. The advertisements directed consumers to the Mayday Health website, which provides information related to abortion services.
In its motion, the state is asking the court to issue an injunction under South Dakota law to prevent the companies from continuing to advertise abortion-inducing pills and abortion services in the state.
“Immediate and irreparable injury, loss, or damage will result to South Dakota consumers who are misled by the deceptive advertisements,” the motion states.
Abortions are banned in South Dakota except in limited, extenuating circumstances. State law also prohibits administering or procuring medication to perform an abortion. Jackley said the advertisements are misleading because they suggest services that are not legally available in South Dakota.
The Attorney General’s Office sent a cease-and-desist letter to Mayday Health on Dec. 10, ordering the company to immediately stop the advertising. Jackley said several gas stations have since voluntarily removed the ads.
A hearing date on the state’s request for an injunction has not yet been scheduled.
If the court grants the injunction and the companies fail to comply, Jackley said his office will seek penalties of up to $5,000 per violation.