SOUTH DAKOTA — In a release given today by Attorney General Marty Jackley reported that the state of South Dakota had reached an agreement with Mayday Health, a pro-choice nonprofit whose advertisement campaign caused significant controversy and a several month-long legal battle across state lines.

According to documentation provided by the state, Mayday, a nonprofit focused on providing reproductive health resources nationally (such as birth control, Plan B, and the focus of the controversy – Plan C) drew the ire of the state on December 8th, 2025 after placing a number of placards at gas stations around the state reading “Pregnant? Don’t want to be?”. Under direction of Governor Larry Rhoden, Attorney General Jackley issued a cease and desist order to the organization. 

Following the organization’s refusal, citing precedent set by Bigelow v. Virginia, the state of South Dakota issued a lawsuit against the organization, to which Mayday issued a countersuit in New York. In early 2026, via a Federal Judge issued a temporary injunction, restraining the state from taking action against Mayday, which was lifted in late January, with the judge throwing out Mayday’s suit, citing lack of jurisdiction in the affairs of another state.

“Mayday Health targeted women and young girls encouraging them to take abortion pills while misleading them about the physical risks,” said Attorney General Jackley. “My position has been clear and unwavering, South Dakota law governs, and the misleading advertisements must be, and are, stopped”.

Now, after months of back-and-forth between Mayday and SD, the controversy that started in 2025 seems to have been resolved, with Mayday Health agreeing to not advertise within the physical borders of South Dakota in a mutual agreement submitted last Thursday.

It is unclear how this will go on to affect speech surrounding controversial political positions within the state in the future.