NY judge: FDA must make morning after pill available to girls of all ages without prescription

A federal judge has ordered the FDA to make the morning after pill, known as Plan B, available to girls of all ages without prescription within 30 days.

The order overturns a 2011 decision by the Secretary of Health and Human Services, Kathleen Sebelius, to continue to restrict over-the-counter availability of the drug to girls ages 17 and over. In so doing, Sebelius had overruled the FDA, which had been poised to lift the remaining age restrictions.

New York Judge Edward Korman ruled today that the administration’s age restriction on the potentially abortifacient drug, which is designed to be taken within 72 hours of “unprotected” sex, is “arbitrary, capricious and unreasonable.”

“We are reviewing the decision and evaluating the government’s options,” said F. Franklin Amanat, a lawyer for the government.