U.S. Judge orders FDA to remove age restriction for access to Emergency Contraception

Congratulations to our esteemed colleagues at The Center for Reproductive Rights,  who won their renewed lawsuit against the Food and Drug Agency (FDA)  in federal court in Brooklyn, New York
on April 5, 2013.

The FDA’s denial of approval to make the “Plan-B One Step” emergency contraception available over-the-counter (OTC), without prescription, to women of all ages was considered “arbitrary, capricious, and unreasonable.”  The judge also found  a “a strong showing of bad faith and improper political influence” by the Obama Administration in refusing OTC approval.   The judge has ordered that, within 30 days, Plan B One-Step must be available over-the-counter at point of sale,  without any age restriction.  

This is a huge victory.   The decision is significant in developing the legal norms to ensure accessibility to emergency contraception in the US.   The standard for suing a federal agency over its decisions is a very tough one.  The Center should be very proud of its courage in bringing this case and its tenacity in litigating it.

For details, see CRR’s initial press release,  online here.

An overview of CRR’s decade-long litigation campaign is online here.

Media coverage from The New York Times  is online here.

RH Reality Check blog comments are online here.

The entire decision, Tummino et al. v. Hamburg et al.,
can be downloaded here.

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