In breaking birth control news, a federal judge has ordered the FDA to make emergency contraceptives available over the counter and without any point-of-sale or age restrictions. That means that all levonorgestrel-based emergency contraceptives (including Plan B, Plan B One-Step, and its generics) would be available without a script to women of all ages (previously, women under 17 had to get an Rx from their doc). Even more exciting: It’ll be available on actual store shelves—right next to the condoms and pain relievers—rather than behind the pharmacy counter. And as anyone who has had to frantically search for a 24-hour pharmacy or deal with a judgy pharmacist can tell you—this is huge!
“Today is an enormous victory for all women,” says Susannah Baruch, interim president and CEO of Reproductive Health Technologies Project. “This decision is giving every woman and couple easier access to a safe and effective birth control option.”
Back in 2011, the FDA planned to make emergency contraception available OTC for women of all ages, but that recommendation was overturned by Health and Human Services Secretary Kathleen Sebelius. In his decision today, Judge Edward Korman of the District Court of Eastern New York wrote that those restrictions were “arbitrary, capricious, and unreasonable.”
Unfortunately, this doesn’t necessarily mean that Plan B will be out on store shelves tomorrow. The Justice Department now has 30 days to make an appeal, though experts believe they’ll have a hard time making a case for it. If there aren’t any appeals, the FDA will then reach out to the manufacturers of Plan B and its generics to update their labeling to reflect these changes, says Baruch. “There is no exact timeline, but we wouldn’t expect there to be too many more delays,” says Baruch.
So what can you expect if all goes according to plan? Essentially, you could buy emergency contraception from any store that sells other OTC medications without having to chat up a pharmacist. “We no longer have to find on a Sunday morning or a Saturday night an open pharmacy counter with a pharmacist on duty,” says Susan Wood, PhD, associate professor of health policy and of environmental and occupational health at George Washington University. “You can purchase it as you would any other over-the-counter product.” And in terms of cost, the price will likely stay the same as it was behind the counter. The only difference will be for women who might have had a prescription for the drug and therefore might have had this covered under their insurance, says Wood. Those women will now have to pay the actual retail cost, which is typically around $ 50.
While we still don’t have a clear ETA for emergency contraception on drugstore shelves, the new ruling sends a message that access to birth control is something that should not come with limitations. “This is a stamp of approval for its safety,” says Baruch. “I hope we will not see any more unnecessary restrictions.”
photo: iStockphoto/Thinkstock
More from Women’s Health:
6 Things You Need to Know About the Morning After Pill
Your Guide to Emergency Contraception
Are Your Birth Control Rights Endangered?