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| Judge strikes down restrictions on over the counter sale of morning-after pill | Judge strikes down restrictions on over the counter sale of morning-after pill |
| (about 1 month later) | |
| A federal judge on Friday ruled that the morning-after pill must be available over the counter to women of all ages in the US, striking down a requirement that anyone under 17 acquire a prescription for the medication. | A federal judge on Friday ruled that the morning-after pill must be available over the counter to women of all ages in the US, striking down a requirement that anyone under 17 acquire a prescription for the medication. |
| US federal district court judge Edward Korman ordered the ban lifted within 30 days. In his ruling, Korman accused the Obama administration of working against the Food and Drug Administration's earlier recommendations for political reasons. | US federal district court judge Edward Korman ordered the ban lifted within 30 days. In his ruling, Korman accused the Obama administration of working against the Food and Drug Administration's earlier recommendations for political reasons. |
| In an unprecedented move, US Secretary of Health and Human services Kathleen Sebelius overruled the FDA's recommendation that emergency contraceptives should be available over the counter to all women of reproductive age in December 2011, less than a year before the presidential election. | In an unprecedented move, US Secretary of Health and Human services Kathleen Sebelius overruled the FDA's recommendation that emergency contraceptives should be available over the counter to all women of reproductive age in December 2011, less than a year before the presidential election. |
| Scientists, government health agencies and groups including the American Medical Association, the American Congress of Obstetricians and Gynecologists and the American Academy of Pediatrics have recommended unrestricted access to emergency contraceptives for years. | Scientists, government health agencies and groups including the American Medical Association, the American Congress of Obstetricians and Gynecologists and the American Academy of Pediatrics have recommended unrestricted access to emergency contraceptives for years. |
| Sebelius cited concerns about the drug being available to girls as young as 11 years old in a December 2011 statement. | Sebelius cited concerns about the drug being available to girls as young as 11 years old in a December 2011 statement. |
| The FDA said in a December 2011 memo that "there is adequate and reasonable, well-supported, and science-based evidence that Plan B One-Step is safe and effective and should be approved for nonprescription use for all females of child-bearing potential". | The FDA said in a December 2011 memo that "there is adequate and reasonable, well-supported, and science-based evidence that Plan B One-Step is safe and effective and should be approved for nonprescription use for all females of child-bearing potential". |
| Korman called the secretary's action "obviously political" and wrote several pages deconstructing each sentence of Sebelius' memo to FDA commissioner Margaret Hamburg. He said Sebelius had "failed to offer a coherent justification" for denying over-the-counter sales of emergency contraceptives. | Korman called the secretary's action "obviously political" and wrote several pages deconstructing each sentence of Sebelius' memo to FDA commissioner Margaret Hamburg. He said Sebelius had "failed to offer a coherent justification" for denying over-the-counter sales of emergency contraceptives. |
| Korman also echoed a common argument that unsafe use or misuse of the drug is extremely low, especially compared to the dangers of common over-the-counter medicines that adolescents abuse. | Korman also echoed a common argument that unsafe use or misuse of the drug is extremely low, especially compared to the dangers of common over-the-counter medicines that adolescents abuse. |
| While much of Korman's terse rhetoric was directed at Sebelius' 2011 decision, he also criticized the FDA for "eating up eleven months, 47,000 public comments, and hundreds of thousands, if not millions, of dollars" for stalling proceedings by opening up the decision to public comment. | While much of Korman's terse rhetoric was directed at Sebelius' 2011 decision, he also criticized the FDA for "eating up eleven months, 47,000 public comments, and hundreds of thousands, if not millions, of dollars" for stalling proceedings by opening up the decision to public comment. |
| "The plaintiffs should not be forced to endure, nor should the agency's misconduct be rewarded by, an exercise that permits the FDA to engage in further delay and obstruction," Korman said. | "The plaintiffs should not be forced to endure, nor should the agency's misconduct be rewarded by, an exercise that permits the FDA to engage in further delay and obstruction," Korman said. |
| Morning-after contraception was approved for prescription-only access in 1999 and was approved for non-prescription access to women 18 and older in 2006. The Obama administration lowered the age from 18 to 17 in 2009, following a federal court order. | Morning-after contraception was approved for prescription-only access in 1999 and was approved for non-prescription access to women 18 and older in 2006. The Obama administration lowered the age from 18 to 17 in 2009, following a federal court order. |
| Plan B and Plan B One-Step are most effective when taken within 72 hours after unprotected sex. Across the US, pharmacists have refused to sell the time-sensitive contraceptives because of their personal beliefs. Drugstore chain Walgreens said in January that it was creating policies to ensure customers would receive prescriptions after pharmacists in multiple states refused to fill birth control prescriptions for women and refused to sell emergency contraception to men. | Plan B and Plan B One-Step are most effective when taken within 72 hours after unprotected sex. Across the US, pharmacists have refused to sell the time-sensitive contraceptives because of their personal beliefs. Drugstore chain Walgreens said in January that it was creating policies to ensure customers would receive prescriptions after pharmacists in multiple states refused to fill birth control prescriptions for women and refused to sell emergency contraception to men. |
| A study published in March 2012 showed that miscommunication about access to emergency contraception is common at US pharmacies. | A study published in March 2012 showed that miscommunication about access to emergency contraception is common at US pharmacies. |
| Research assistants called pharmacies in five parts of the US pretending to be 17-year-old women or their doctors requesting emergency contraception. Almost half of the pharmacies provided incorrect information about age guidelines for emergency contraception to both groups. | Research assistants called pharmacies in five parts of the US pretending to be 17-year-old women or their doctors requesting emergency contraception. Almost half of the pharmacies provided incorrect information about age guidelines for emergency contraception to both groups. |
| The US Department of Health and Services wouldn't provide comment on Friday's ruling, and the FDA called the decision an "ongoing legal matter". Department of Justice spokesperson Allison Price said: "The Department of Justice is reviewing the appellate options and expects to act promptly." | The US Department of Health and Services wouldn't provide comment on Friday's ruling, and the FDA called the decision an "ongoing legal matter". Department of Justice spokesperson Allison Price said: "The Department of Justice is reviewing the appellate options and expects to act promptly." |
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