On June 24, 2026, two pro-life charities Thomas More Society represents, Heartbeat International and RealOptions, head to trial. California’s Attorney General is asking the court to impose more than $20 million in penalties over how these nonprofits talk about Abortion Pill Reversal (APR), a progesterone supplementation protocol that is used to reverse the effects of the first abortion pill, mifepristone.

Over the coming weeks we’ll share regular updates from on the ground in California, but here is a quick guide to what’s happening and why it matters.

Quick facts

• What it is: A trial before the Hon. Patrick McKinney, beginning June 24 in Alameda County Superior Court, with the judge deciding the case.
• Who’s suing: California Attorney General Rob Bonta, who filed the lawsuit—naming Heartbeat International and RealOptions pregnancy centers—in September 2023, under the state’s False Advertising Law and Unfair Competition Law.
• The claim: The State claims certain statements Heartbeat and RealOptions make about APR amount to “false” or “misleading” advertising.
• What’s at stake: The Attorney General is seeking roughly $20 million from Heartbeat and $640,000 from RealOptions. Such penalties would force these pro-life nonprofits into bankruptcy. If a permanent gag order on their speech about APR were to be put in place, countless women could never find out about this lifesaving option.

What this case is about

This case poses the question of whether the government can use consumer-fraud laws to punish nonprofit, religiously motivated charities for sharing free information about a disputed medical question.

Heartbeat and RealOptions provide APR information to women who have begun a chemical abortion but have changed their minds and want to try to continue their pregnancies. The efficacy of Abortion Pill Reversal rests on peer-reviewed studies, basic science, and on the position of obstetrics professionals— including over 10,000 members of professional associations such as AAPLOG. Heartbeat International, which operates the Abortion Pill Rescue Network and a helpline that connects women to APR providers, does not charge women for its services. [KP1]

What you need to know

After years of investigation, the state cannot point to a single complaint. In discovery, the Attorney General admitted to TMS attorneys that he has no evidence of any complaints from APR patients. After pre-litigation investigation and extensive discovery, the state has not identified one woman who says she was harmed, misled, or even dissatisfied. What this case has revealed, instead, are happy mothers.

·      When Heartbeat International and RealOptions speak about APR, that’s part of their charitable, religious ministry. It is not a commercial transaction.

California’s false-advertising and unfair-competition laws reach only commercial speech, and the Attorney General concedes as much. Heartbeat and RealOptions are nonprofit charities—they speak to women facing an abortion decision, not to consumers shopping for a product. They charge nothing; and their work is driven by sincere religious conviction. As such, their APR speech is not commercial at all, and if the court agrees, the case is over.

·      The government can’t choose winners and losers in a scientific debate.

In this case, it appears that the government is trying to settle a live scientific debate by force, choosing one side and seeking millions in penalties against the other. Earlier this year, in Chiles v. Salazar, the U.S. Supreme Court held that when the government restricts what licensed professionals may say based on the viewpoint they express, that restriction faces the most demanding constitutional scrutiny because professional and medical “consensus” evolves and good-faith disagreements are normal. APR is exactly that kind of good-faith disagreement among obstetrics professionals. The Attorney General is free to hold his own views but he is not free to impose crippling fines to silence the other side.

·      The penalties are enormous and wildly disproportionate.

A demand of more than $20 million against charities offering a free service, over speech no one has complained about, is government overreach that should concern everyone. In comparable cases, California courts have imposed penalties ranging from as little as $ 0.10 to roughly $37 per violation. Here, the state seeks fines of $5,000 per (so-called) violation.

·      The right to learn about and choose abortion alternatives is on the line.

California’s own Reproductive Privacy Act protects “personal reproductive decisions” about “all matters relating to pregnancy”—including the choice to continue a pregnancy—and protects those who help a pregnant woman exercise her rights. Silencing APR information strips women who have taken the first abortion drug and changed their minds of information about a choice they want to make, continuing a pregnancy they hope to keep.

Why this case matters

The outcome of this trial will shape how freely faith-based and pro-life organizations can speak across the country. The precedent this case sets may even impact any nonprofit organization, religious or not—from soup kitchens to homeless shelters—because of the underlying issue. The State argues that Heartbeat’s and RealOptions’ religiously motivated speech and services provided free of charge to women in need, can be regulated using commercial advertising law simply because Heartbeat and RealOptions use testimonials, success stories, and showcase their ministry’s impact in donor-facing communications and fundraising. If the State prevails on this argument, any nonprofit that relies on the generosity of donors to operate will be threatened with the risk of facing “commercial speech” regulation by the government.

Moreover, if the government can fine a charity for sharing scientifically-sound information on a disputed medical question, no speech is safe. California ministries offering abortion alternatives to women seeking them will be bankrupted by severe penalties and be forced to shutter their doors permanently.

What happens next

Trial begins June 24, and we provide weekly updates from on the ground. We’re also launching a dedicated Case Hub as a single place for trial updates, commentary, and information to share with family and friends. Stay tuned for the launch of the hub soon.  

In the meantime, you can take action by staying informed; sharing accurate information about what this case is about; and keeping Heartbeat International, RealOptions, and our legal team in your prayers.