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FDA Lawsuit to Increase Availability of Emergency Contraception: Every Second Counts

Every 10.5 seconds, there is an unplanned pregnancy in the United States. Every year, there are approximately three million unplanned pregnancies. Experts estimate that better access to emergency contraception, like Plan B, could prevent as many as half of those pregnancies from happening.

In 2005, the Center for Reproductive Rights filed a lawsuit against the Food and Drug Administration (FDA) in a federal court in New York for its failure to make the emergency contraceptive Plan B available without a prescription to women of all ages. Over a year later, the FDA did announce a decision to increase women’s access to Plan B, but with a caveat: only women over 18 could get the drug without a prescription and the drug would still be placed behind pharmacy counters, requiring identification to receive it.

Despite this rule change, months of testimony from high-level FDA officials and discovery documents in the lawsuit still reveal a behind-the-scenes decision-making process corrupted by politics. The Center is still pursuing its case to ensure that Plan B is granted true over-the-counter status and made widely available to women of all ages—particularly the most vulnerable population—young women.

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