Center for Reproductive Rights Charges FDA with Contempt of Court

The Center for Reproductive Rights (CRR) is suing the FDA today for failing to comply with a 2009 federal court order that the FDA make Plan B, or the morning after pill, available to 17 year olds and to consider making it available to all women without a prescription. The FDA in 2006 had restricted Plan B to women 18 years and older. Judge Edward Korman had ruled that the FDA restriction was “arbitrary and capricious” and that the FDA had “acted in bad faith and in response to political pressure” of the Bush Administration. The CRR is suing to make Plan B available to all women regardless of age, without prescriptions, and over-the counter. The FDA had made it available to 17 year olds but refused to do so for younger women “unless required to do so by the company” (pharmaceutical), according to the Washington Post. Levonorgestrel, sold under the brand name Plan B, is a form of emergency contraception that must be taken within 72 hours of sexual activity.


Tummino v. Von Eschenbach 2/24/06; Tummino et al v. Margaret Hamburg 11/15/10; Center for Reproductive Rights 11/15/10; Washington Post 11/16/10; Feminist Daily Newswire 6/18/10

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