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Judge Approves Plan B Access To Minors


Groups: Ruling Decried As Threat To Women’s Health, Family

By Mary B. Worthington, The Bulletin
Sunday, March 29, 2009
The U.S. Food and Drug Administration (FDA) cannot limit over-the-counter access to Barr Pharmaceutical Inc.’s Plan B emergency contraception to only women over the age of 18, a New York federal judge wrote.

Plan B, also known as the morning-after pill, is a chemical contraceptive that is taken up to 72 hours after sexual intercourse in order to prevent either ovulation or the implantation of a newly conceived human life, thereby preventing pregnancy.

In a 52-page document, U.S. District Judge Edward Korman ruled that limiting access to the contraceptive to women over 18 violated the FDA’s established rules.

“Judge Korman based his decision on political talking points rather than facts,” said Wendy Wright, president of Concerned Women for America (CWA).


“The FDA has never approved that a high-dose of a drug be available without a prescription when a lower dose of the same drug requires a prescription. But now an activist judge has ordered that minor girls have access to this drug without medical oversight or parental knowledge.”

An August 2006 decision made Plan B been available over-the-counter to women over age 18, stating that females under 18 must obtain a prescription.

CWA pointed out the promises of fewer unplanned pregnancies have not resulted from the decision to make the drug more easily available.

“Even advocates for the morning-after pill have admitted, since the FDA’s decision, that Plan B is not as effective as they originally claimed,” said Ms. Wright. “Making the morning-after pill easy to get has not resulted in fewer pregnancies or abortions, as advocates promised it would. Pregnancy counselors report more young women relying on it as a regular form of birth control — even though the drug has not been tested to discover what happens when it is used multiple times.”

In his decision, Judge Korman admitted that there are no studies on the adverse effects of multiple doses of Plan B.

“There is no evidence because they are not looking for it,” said Ms. Wright referring to the difference between there being no evidence and evidence that shows no adverse effects.


The pro-abortion group, the Center for Reproductive Rights, which sued the FDA in January 2005 seeking the over-the-counter status, praised yesterday’s decision.

“Today’s ruling is a tremendous victory for all Americans who expect the government to safeguard their health not undermine it,” Nancy Northup, the center’s president, said in a statement. “The court recognized that the FDA favored politics over science, ideology over women’s health, and violated the law in the process.”

Pro-lifers, however, dismissed the center’s claims.

“Nancy Northup’s statement proves that once again ‘ideology’ does supersede the health of women,” responded Judi McLane Neeld, director of Generation Life. “Plan B is just another stepping stone in the pro-abortion agenda. This movement is consistently and constantly putting our young girl's health in jeopardy.

“Through the undercover efforts of Generation Life, we were able to bring to light the unregulated and reckless distribution on Plan B. We discovered that Planned Parenthood was giving out Plan B without an exam and were engaging in many illegal and irresponsible activities like distributing inaccurate and incomplete medical information. Women deserve to be protected. Allowing underage girls to acquire Plan B without parental permission or knowledge puts the foundation of this nation — the family — in jeopardy.”

Ms. Wright charged the ruling places politics above women’s health and interferes with parental responsibility.

“Minor girls need permission to go on a field trip, get a piercing, or in some states use a tanning booth. But now, by one judge’s order, girls will be encouraged to rely on an ineffective drug without medical oversight or parental involvement,” Ms. Wright said.

In addition to the threats to women’s health, pro-life groups decry the substance as an abortifacient, as in many cases it causes the destruction of human life in its embryonic stage. These groups point to scientific evidence of the beginning of human life occurring when sperm and egg meet — called fertilization or conception — which precedes “pregnancy” which is defined in medical literature as the moment of the implantation of the newly formed human life in the wall of the uterus.

Plan B is not the abortion pill also known as RU-486. While Plan B must be taken within 72 hours of sexual intercourse, the abortion pill is taken up to seven weeks of pregnancy and serves to starve the fetus and expel him. 

Bloomberg contributed to this story.

Mary B. Worthington can be reached at mworthington@thebulletin.us.



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