A federal judge deserves applause for ordering the Food and Drug Administration to rethink its politically motivated age restrictions on an emergency contraceptive for women known as "Plan B."
District Judge Edward R. Korman of New York told the FDA to make Plan B available to 17-year-olds within 30 days, without a prescription.
He also instructed the agency to review whether the contraceptive should be made available to girls of all ages without a doctor's order. While that decision is more difficult, the judge's order makes it possible for the agency to base its findings on health considerations, not political interference.
The ruling confirms what women's health groups and family planning advocates have long contended: the FDA under the Bush administration turned Plan B into a political football. The agency delayed decisions and limited access to the contraceptive due to objections of conservatives in the GOP.
Plan B consists of two pills, which contain higher does of a hormone found in birth-control pills. When taken within 72 hours of unprotected sex, Plan B is highly effective at preventing pregnancy. It does not cause abortion, as some opponents have argued.
The FDA approved Plan B in 1999 for use with a prescription. In 2003, an advisory panel at the agency recommended over-the-counter sales. The FDA delayed a decision for three years, and then approved nonprescription sales only for women 18 or older.
The safety of the drug has been proven. Plan B is already available without a prescription in more than 30 countries. Nine states also allow over-the-counter sales without age restrictions.
The concern about making the contraceptive available to younger girls is something the agency must take into consideration. Many parents wouldn't want their daughters to make such a decision without discussing it with them, or consulting a doctor. The manufacturer at one point said it would require a doctor's prescription for anyone under age 16.
There's no excuse for the FDA to claim, as it once did, that it can't figure out a way to prevent sales to girls under 16. For example, the agency has decided pharmacies are capable of screening teenagers to make sure that nobody under age 18 buys tobacco products.
Teens shouldn't consider Plan B as a form of birth control; it's not intended to be used that way. It's a safe and effective option for women to prevent pregnancy in emergencies. One peer-reviewed study released in 2005 found that use of Plan B did not cause women to engage in more risky sexual behavior.
The availability of a contraceptive doesn't nullify a teen's or parents' responsibility to discuss the consequences and risks of sexual activity.
But the court's ruling allows the agency in charge of drug safety to make a decision based only on public health considerations.