The current law governing the use of Plan B (also known as the morning-after pill) makes the emergency means of contraception available over the counter only for women aged 18 and older. Teenagers under the age of 18 must have a prescription to obtain the pill. Women's health advocates have been unhappy with this ruling, primarily because they felt it put religious and ideological beliefs ahead of women's health concerns.
Until now, that is. U.S. District Court Judge Edward R. Korman of New York has ordered the Food and Drug Administration (FDA) to reexamine this law, ordering the agency to make the pill available for 17-year-olds within 30 days and also advising the FDA to review access to the morning-after pill for girls of any age.
According to a March 24, 2009 article in The Washington Post entitled, "FDA Ordered to Rethink Age Restriction for Plan B", Judge Korman criticized the original ruling as "arbitrary and capricious" and places much of the blame for this law on the politics of the Bush Administration.
Not surprisingly, Barr Pharmaceuticals (the makers of Plan B) have been advocates of allowing over the counter access to the drug for girls of any age. They claim that it is a timing issue, since the pill is most effective if used within 24 hours of unprotected sexual intercourse. They also point to a U.S. report that shows the birth rate for girls in their teen years rising steadily in the two years since 2007. Proponents are hopeful that the easier access to the morning-after pill may curb this trend.
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