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: