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A federal judge has asked the Food and Drug Administration to reconsider its decision to restrict access to a non-prescription morning-after pill.
In 2001, the Association of Reproductive Health Professionals petitioned the FDA to control access to Plan B for all women, no matter of age. It took the agency six years to act on this, and prohibited the use of morning-after pill in women less than 18.
But New York Judge Edward R. Korman has ordered the FDA to make Plan B accessible to teenagers younger than 17 within 30 days and to review whether to make the emergency contraceptive available to all ages without a doctor’s order.
In his decision, Korman repeatedly criticized the FDA’s handling of the issue saying the agency was influenced by “political and ideological” considerations imposed by the Bush Administration.
“These political considerations, delays and implausible justifications for decision-making are not the only evidence of a lack of good faith and reasoned agency decision-making. Indeed, the record is clear that the FDA's course of conduct regarding Plan B departed in significant ways from the agency's normal procedures regarding similar applications to switch a drug from prescription to non-prescription use,” he wrote.
The Judge’s decision was highly criticized by opponents of Plan B. Wendy Wright of the group Concerned Women for America said the ruling puts politics above women’s health “and intrudes into parents' ability to protect their minor daughters.”
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