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Oral Argument in FDA Lawsuit Postponed Until Thursday, 2:00pm

Battle Over "Morning-After Pill" Goes Before New York Court

WHAT: Oral argument in Tummino v. von Eschenbach will be heard at the U.S. District Court for the Eastern District of New York.

Chief Judge Edward R. Korman will hear argument on the federal government's request that the court dismiss a lawsuit against the Food and Drug Administration for its failure to make Plan B, commonly known as the "morning-after pill," available without a prescription.

WHO: The Center for Reproductive Rights filed the lawsuit on behalf of the plaintiffs, the Association of Reproductive Health Professionals (ARHP); National Latina Institute for Reproductive Health; and coordinators of the grassroots advocacy group, the Morning-After Pill Conspiracy-Annie Tummino, Erin T. Mahoney, Carol Giardina, Kelly Mangan, Stephanie Seguin, Lori Tinney, Jennifer Brown, Candace Churchill, and Francie Hunt.

Simon Heller, staff attorney at the Center for Reproductive Rights will present oral argument opposing the government's motion.

WHEN: Thursday, December 22 at 2:00 p.m. (Eastern Time)

(Please be aware that this new schedule is also subject to change, possibly to early January. We will keep you posted.)

WHERE: U.S. District Court for the Eastern District of New York

225 Cadman Plaza East, Brooklyn, New York

For directions, log on to: http://www.nyed.uscourts.gov/General_Information/Courthouse_Locations/co...

BACKGROUND:
On January 21, the Center for Reproductive Rights filed a lawsuit on behalf of the plaintiffs against the Food and Drug Administration's Acting Commissioner for failing to make the emergency contraceptive product Plan B available without a prescription. The plaintiffs are asking the court to order the FDA to make Plan B available over-the-counter for women of all ages. The suit argues that the agency is breaking its own rules by ignoring scientific fact and holding Plan B to a different standard than other over-the-counter drugs.