Minors May Soon Have Easy Access to “Morning After Pill”

Plan B is a form of emergency contraception (EC) that is commonly called the “morning after pill.” The drug contains a high dose of a hormone called levonorgestrel, a form of progesterone that prevents pregnancy and conception by stopping the release of an egg from the ovary or stopping sperm from combining with the egg and is up to 89 percent effective for the prevention of pregnancy when used within 72 hours of having sex. EC is intended for use only in emergency situations where unprotected sex has accidentally occurred and is not meant to be used a regular form of contraception.

A new U.S. court ruling will now require the U.S. Food and Drug Administration (FDA) to reconsider a 2006 decision that limited access to EC. In addition, the U.S. District Court for the Eastern District of New York also ordered the FDA to allow 17-year-old girls access to the Plan B EC drug without requiring a prescription. The ruling comes only days after the Centers For Disease Control and Prevention (CDC) released a report for 2007 that showed an increase in the birth rate for teenage girls for the second consecutive year.

According to FDA spokeswoman Rita Chappelle, the court has given the FDA 30 days to allow nonprescription use of Plan B for 17-year-olds whereas the 2006 decision had allowed for behind-the-counter sales to only those age 18 and older who show proof of age. Girls under the age of 18 were required to obtain a prescription for the drug. The FDA has received the court's opinion, and is currently reviewing it.

In 2003, Barr Pharmaceuticals, manufacturer of Plan B, asked the FDA to allow the drug to be sold without a prescription and to have no age requirements for its access. Teva Pharmaceutical Industries Ltd recently acquired the company and Denise Bradley, a spokeswoman for Teva, remarked, “While we did not file the Citizens' Petition, the company believes that timely access to Plan B is extremely important, as the sooner Plan B is taken the more effective it is. We will work closely with the FDA to ensure that all provisions of this decision are met.” Company officials as well as advocates believe that it is critical to offer easy access of Plan B to young women for the prevention of unwanted pregnancies.

The Center for Reproductive Rights filed suit against the FDA in 2005 over the controversy and the company’s president, Nancy Northup, had to say, “The court recognized that the FDA favored politics over science, ideology over women's health, and violated the law in the process.” Northup also added, “Emergency contraception is proven safe and effective, and today we have succeeded in expanding access to 17-year-olds and are one step closer to making it fully available to all women.”

Dr. Susan Wood, the former director of the FDA's Office of Women's Health, resigned in protest over the agency’s decision on Plan B reports that she is delighted with the recent ruling.

However, not everyone is on board with the court’s ruling. According to Wendy Wright of the group Concerned Women for America, “This ruling puts politics above women's health, and intrudes into parents' ability to protect their minor daughters.” She went on to say, “Making the morning-after pill easy to get has not resulted in fewer pregnancies or abortions, as advocates promised it would.” Wright noted that questions remain about the effectiveness of Plan B and also expressed health concerns by stating, “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.”

Conservative advocacy groups and Congress members continue to question the safety of Plan B and believe that making the drug more readily available will encourage sexual activity among teens as well as make it less risky for men to have sex with underage girls. There is also the moral issue of whether Plan B can cause the equivalent of an abortion. In addition, pharmacists who are morally opposed to the use of the drug do not believe they should be required to sell it.