Lawsuit Dismissed Against Plan B

March 27, 2008

Meant to mention earlier that Plan B survived a lawsuit unscathed this month — a federal judge dismissed a suit that tried to reverse the FDA decision allowing sales of “morning-after” contraceptive pill without a prescription.

The suit was filed by the Association of American Physicians and Surgeons (a politically conservative group — read more about ’em at Well-Timed Period) and other anti-abortion groups, including the Family Research Council and Concerned Women for America.

The U.S. District Court for the District of Columbia granted the FDA’s and Barr’s motion to dismiss the suit, saying the plaintiffs had failed “to identify a single individual who has been harmed by Plan B’s OTC (over-the-counter) availability,” according to the ruling. […]

In its conclusion, it said that “plaintiffs have failed to exhaust their administrative remedies and have therefore failed to state a claim upon which relief can be granted.”

Turns out they’re not the only ones suing the FDA:

The Center for Reproductive Rights is also suing the FDA, but it is seeking the opposite course of action. In its lawsuit against the agency, it argues that restricting the drug for girls under 18 was based on politics and not science.

The group is waiting for a judge in New York to rule on its summary judgment motion.

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