Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

March-24-09

Court Rules that FDA Reconsider Restrictions on Sale of Plan B

Edward Korman, a New York District Court Judge ruled yesterday that the FDA must reconsider its 2006 ruling that allowed emergency contraception (EC), also known as Plan B, to be sold without a prescription to women 18 and older. The ruling (see PDF) also specifically orders Barr Pharmaceuticals, which distributes Plan B, to make EC available over-the-counter to women as young as 17 within 30 days.

Emergency contraception is effective up to five days (120 hours) after unprotected sex, birth control failure, or rape, but it is most effective (95 percent) if taken within 24 hours. Because of the time-sensitive nature of EC, over-the-counter access is crucial to its effective use.

In the ruling, Korman wrote: "These political considerations, delays, and implausible justifications for decision-making are not the only evidence of a lack of good faith and reasoned agency decision-making. Indeed, the record is clear that the FDA's course of conduct regarding Plan B departed in significant ways from the agency's normal procedures regarding similar applications to switch a drug product from prescription to non-prescription use, referred to as a 'switch application' or an 'over-the-counter switch'. the matter is remanded to the FDA for reconsideration of whether to approve Plan B for over-the counter status without age or point-of-sale restrictions. While the FDA is free, on remand, to exercise its expertise and discretion regarding the proper disposition of the Citizen Petition, no useful purpose would be served by continuing to deprive 17 year olds access to Plan B without a prescription."

A recent study found that access to EC has improved since the 2006 ruling by the FDA allowing the morning after pill to be sold without a prescription to women 18 and older. The FDA approved over-the-counter sales of EC after a massive campaign, during which the Feminist Majority Foundation sent tens of thousands of petitions to the FDA asking for approval of EC over-the-counter.

Media Resources: Feminist Daily Newswire 8/24/06, 12/8/08; United States District Court Eastern District of New York 3/23/09


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

1/26/2015 Egyptian Court Sentences Doctor In Female Genital Mutilation Case - An Egyptian appeals court convicted and sentenced a doctor today for performing female genital mutilation (FGM) that lead to a 13-year-old girl's death. . . .
 
1/23/2015 #HeForShe Campaign Launches Pilot Effort Aimed at Institutional Equality - The United Nations' gender equality campaign #HeForShe has launched a new program called IMPACT 10X10X10. United Nations Goodwill Ambassador Emma Watson, together with UN Women Executive DirectorPhumzile Mlambo-Ngcuka, introduced the one-year pilot effort aimed at encouraging corporations, universities, and governments to play an active role in enhancing women's empowerment and equality in Davos, Switzerland today at the World Economic Forum. "Women need to be equal participants in our homes, societies, in our governments, and in our workplaces," Watson said. First introduced in September, HeForShe is a solidarity movement that calls on men and boys to confront gender inequalities that face women and girls globally. . . .
 
1/22/2015 BREAKING: House to Vote on Abortion Coverage Ban - After they were forced to scrap plans for a 20-week abortion ban, House Republican leaders decided late last night to instead ram through a vote today on a different extreme anti-abortion bill. House Republicans are now pushing HR 7, a bill promoted as a ban on federal funding of abortion that would actually prevent women from using their own money to purchase health insurance that includes abortion care. . . .