In a bold move against what they claim is government overreach, Leda Health Corporation and its CEO Madison Campbell have filed a lawsuit against the Attorneys General of Pennsylvania and New York. The complaint, filed on June 17, 2024, in the United States District Court for the Western District of Pennsylvania, accuses Attorney General Michelle Henry of Pennsylvania and Attorney General Letitia James of New York of infringing on their First Amendment rights by threatening legal action over the company's Early Evidence Kits (EEKs).
Leda Health developed EEKs to provide sexual assault survivors with an alternative means to collect and store evidence when traditional forensic exams are not feasible or desired. According to the plaintiffs, these kits contain everyday items such as diagnostic swabs, plastic storage bags, and ballpoint pens—none of which are illegal. The company asserts that it informs survivors about these kits truthfully and transparently, encouraging them to seek in-person care whenever possible.
However, both state attorneys general have taken issue with Leda Health's messaging. In May 2024, Attorney General Henry sent a letter threatening prosecution under Pennsylvania’s consumer protection laws unless Leda Health ceased its operations entirely. Henry's office argued that EEKs do not comply with the state's Sexual Assault Testing and Evidence Collection Act—a claim Leda Health disputes by pointing out that this law applies only to healthcare facilities. "The Defendants have threatened Leda Health and Ms. Campbell with legal action and massive monetary penalties for sharing truthful information with sexual assault survivors," reads the complaint.
Similarly, Attorney General James has been targeting Leda Health since 2019. Her office sent multiple demands insisting that the company stop marketing EEKs in New York State. James argues that promoting these kits could mislead survivors into thinking they are as reliable as traditional forensic exams conducted by law enforcement or hospitals. Despite acknowledging that Leda Health includes disclaimers about the limitations of EEKs' admissibility in court, James maintains that this does not mitigate her concerns.
The plaintiffs argue that these actions constitute unconstitutional censorship aimed at silencing their speech about viable alternatives for sexual assault evidence collection. "Defendants’ letters and conduct directed at Leda Health and Ms. Campbell constitute threats, coercion, and intimidation," states the lawsuit.
Leda Health seeks declaratory relief from the court affirming their right to communicate freely about EEKs without fear of government retaliation. They also request preliminary and permanent injunctions preventing further threats from both attorneys general. Additionally, they seek compensation for legal fees incurred due to this dispute.
Representing Leda Health are attorneys J. Alex Little, Zachary Lawson, and John R. Glover from Liton PLLC based in Nashville, Tennessee. The case has been assigned Case ID 2:24-cv-00879-CB.