NEW YORK (April 5, 2013)—U.S. District Judge Edward Korman ruled Friday in New York that the U.S. Food and Drug Administration must make emergency contraceptives available to women of all ages within 30 days.
Korman said the order must be carried out within a month, and he criticized the FDA for failing to engage in rule-making to adopt an age-restricted marketing regime.
He said the plaintiffs should not be forced to endure and the agency's misconduct should not be rewarded for its "delay and obstruction."
He said the case isn't about the potential misuse of the so-called morning-after pill by 11-year-olds and said the contraceptives would be among the safest drugs sold over-the-counter.
He said the number of 11-year-olds likely to use the drugs was minuscule.