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Tummino v. Hamburg

2013 WL 1348656 (2013)

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Tummino v. Hamburg

United States District Court for the Eastern District of New York
2013 WL 1348656 (2013)

AR

Facts

In 1999, Plan B, an emergency contraceptive, was approved for prescription-only use. In 2006, the Food and Drug Administration (FDA) approved nonprescription use for women over 18. This was then lowered to women under 17, but Plan B sales were limited to pharmacies. Plan B had no known serious or long-term effects. Tummino (plaintiff) and other individuals and organizations concerned with women’s health sued to expand the availability of Plan B to all women without a prescription regardless of age. In light of political pressure regarding abortion, the court did not rule and remanded the issue to the FDA to exercise its discretion without political interference. During that time, the FDA considered a proposal to allow Plan B for all ages. However, the Secretary of Health and Human Resources told the FDA to deny the proposal because of concern that 11-year-old girls would take the pills and suffer ill effects.

Rule of Law

Issue

Holding and Reasoning (Korman, J.)

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Casebooks

Food and Drug Law

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