Update on EC Case

by Gretchen Borchelt, Senior Counsel
National Women’s Law Center

Almost a year ago, we reported on a case filed by anti-choice groups, including the Family Research Council and Concerned Women for America, against the FDA for its approval of emergency contraception (EC or the morning-after pill) for non-prescription use by women 18 and older. Among other claims, the groups said that the FDA approval was unlawful and the decision was improperly influenced by political pressure. Yesterday, the U.S. District Court for the District of Columbia dismissed the case. The court said the groups lack standing to sue, and recognized that many of their arguments were unsupported, going so far as to call one a “stretch.” The court also held that the groups failed to exhaust administrative remedies.

On the other side of the issue, the lawsuit brought by the Center for Reproductive Rights (CRR) is still ongoing. CRR filed suit against the FDA for its failure to make EC available over-the-counter for women of all ages. CRR alleges that the FDA broke its own rules and regulations, ignored sound medicine, and is holding EC to a different and higher standard than other over-the-counter drugs. We will keep you updated as developments occur in that case.