Plan B 'Morning After' Pill Contraception Ruling

Annie Tummino, et al. v. Frank Torti,
Acting Commissioner of the Food and Drug Administration

March 23, 2009

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  • Center for Reproductive Law & Policy,
         Co-Counsel for the Plaintiffs
  • U.S. Attorney, EDNY
  • Health Care Lawyers

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  • 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 FDAs 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 FDAs 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:


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