NEW YORK – A New York federal judge has ruled that the Food and Drug Administration must make emergency contraceptives available to women of all ages within 30 days.
Judge Edward Korman in Brooklyn made the ruling Friday.
He said his order must be carried out within a month, and he criticized the FDA for failing to engage in rulemaking to adopt an age-restricted marketing regime. He said the plaintiffs should not be forced to endure and the agency’s misconduct should not be rewarded for its “delay and obstruction.”
He said the case isn’t about the potential misuse of the so-called morning-after pill by 11-year-olds. He said the contraceptives would be among the safest drugs sold over-the-counter. He said the number of 11-year-olds likely to use the drugs was minuscule.