Since April 2013, we’ve been closely following the legislation ordering emergency contraception (like Plan B One-Step and its generics) to be accessible over the counter, without any age or point-of-sale restrictions. Check out the latest developments below, and continue checking back for more coverage.
Big news: after months of back-and-forth between the courts and the Obama administration, the Department of Justice announced yesterday that they will comply with a judicial order to make Plan B One-Step available over-the-counter for women of all ages. This is a reversal in policy for the Obama administration, which originally blocked full OTC access to emergency contraception when it was proposed in 2011, and has been fighting to limit full access since then.
The conflict heated up again back in April 2013, when Federal Judge Edward Korman ordered that all levonorgestral-based emergency contraceptives must be available over-the-counter without any point-of-sale restrictions. As expected, there was plenty of backlash: the DOJ appealed the decision; the FDA tried to compromise with looser age restrictions on Plan B; and the Second Circuit Court of Appeals even got involved.
Yesterday, the DOJ issued a letter to Judge Korman announcing that the FDA and the Department of Health and Human Services plan to lift all age and point-of-sale restrictions on the brand name Plan B One-Step in a timely manner. If Judge Korman accepts this new plan, Plan B’s manufacturer would submit a supplemental new drug application to the FDA (which is routine when a drug moves over the counter), and the FDA will approve it without delay.
But here’s where things get (more) complicated: the letter hints that Plan B will get exclusivity as the only morning after pill allowed on store shelves without restrictions, says Susannah Baruch, interim president and CEO for the Reproductive Health Technologies Project. That means that all generic and two-pill doses (which can cost anywhere from $ 10 to $ 20 less than the name brand) will remain behind the pharmacy counter—and only available without a prescription for women 17 and older. That may not seem like a huge deal, but the result is that if you get to the drugstore after the pharmacist has left for the day, you may end up shelling out more cash for the same medication.
So what’s the next step? Now, we’re waiting to see if Judge Korman accepts this new plan, or if he decides to push for complete OTC access for all emergency contraception—including the generics. If he does accept, this new plan would replace last week’s ruling by the Second Circuit Court, which said only two-pill versions could be available OTC.
Check back soon for more updates on your access to the morning after pill.
More from Women’s Health:
Should Birth Control Pills Be OTC?
Celebrating the Legalization of Birth Control
What is Emergency Contraception?