Plan B 'Morning After' Pill Contraception RulingAnnie Tummino, et al. v. Frank Torti,Acting Commissioner of the Food and Drug Administration March 23, 2009 |
A federal judge rules against the FDA in a lawsuit over Plan B, the morning after emergency contraception pill. According to U.S. District Judge Edward Korman: …the FDA’s decisions regarding Plan B…were arbitrary and capricious because they were not the result of reasoned and good faith agency decision-making. Judge Korman concluded that: "no useful purpose would be served by continuing to deprive 17 year olds access to Plan B without a prescription…that FDA officials and staff both agreed that 17 years olds can use Plan B safely without a prescription. The court rejected the FDA’s age-based restriction rationale that "pharmacists would be unable to enforce the prescription requirement" if the cutoff age was17, as reasoning that "lacks all credibility." You can read the 52-page decision below: |