Contraceptives at a pharmacy in Toronto. (Flickr/Cory Doctorow)
Yesterday, the FDA announced that it will make Plan B—also known as emergency contraception (EC) or the morning after pill—available over the counter to women older than 15 years old who can prove their age. This decision comes less than a week before the end of a thirty-day deadline imposed by a federal judge mandating EC be available without a prescription to women of all ages. So despite the FDA’s announcement, the Obama administration still needs to appeal the judge’s decision or request a stay by Monday.
Some heralded the FDA’s decision as a victory—Planned Parenthood’s Cecile Richards called it “an important step forward.” But Nancy Northup, president of the Center for Reproductive Rights—whose lawsuit against the FDA sparked the federal ruling—called the restriction “arbitrary.”
“Lowering the age restriction to 15 for over-the-counter access to Plan B One-Step may reduce delays for some young women—but it does nothing to address the significant barriers that far too many women of all ages will still find if they arrive at the drugstore without identification or after the pharmacy gates have been closed for the night or weekend.”
Indeed, it’s hard to see how most 15-year-olds would be able to access the drug, given that they need to prove their age in the form of a driver’s license, passport or birth certificate. As Sarah Kliff at The Washington Post points out, most states won’t allow teens to apply for a driver’s license until they are 16 years old, and in 2010, only 28 percent of 16-year-olds even had licenses.