Federal court orders FDA to consider reversing policy preventing “morning after” distribution to minors

LifeNews reports:

A federal court on Monday ordered the Food and Drug Administration to reconsider its decision preventing minors from purchasing the morning after pill without a prescription. When the FDA made the Plan B drug available over the counter, it prohibited such sales to people under the age of 18 . . .

Today, U.S. District Judge Edward R. Korman order the FDA to make the drug available to women as young as 17 within the next 30 days and to consider reversing its entire decision on selling the morning after pill to minors.

Tummino, et. al. v. Torti, No. 05-CV-366 (E.D.N.Y. March 23, 2009)

Plan B is a time sensitive drug and is most effective if taken within 24 hours of sexual intercourse and loses effectiveness if not taken within 72 hours. Thus, barriers like a prescription requirement, which delay access to Plan B, may needlessly increase the chances that 17 year olds will suffer unwanted pregnancies . . .

The denial of the Citizen Petition is vacated and the matter is remanded to the FDA to reconsider its decisions regarding the Plan B switch to OTC use. The FDA is also ordered to permit Barr Pharmaceuticals, Inc. the Plan B drug sponsor, to make Plan B available to 17 year olds without a prescription, under the same conditions as Plan B is now available to women over the age of 18. The latter order should be complied with within thirty days.