Justice Department appeals the morning-after pill ruling

The U.S. Justice Department filed a notice of appeal Wednesday over a federal judge’s ruling that directed the Food and Drug Administration to make the morning-after birth control pill available to females of all ages without a prescription.

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The government also filed a motion for a temporary stay of the FDA’s approval on Tuesday of the availability of the Plan B One-Step emergency contraception pill without a prescription for ages 15 and older.

In April, U.S. District Judge Edward Korman ordered the FDA to make emergency contraception, namely the morning-after pill, available to females of any age, without a prescription. This week’s FDA announcement, which pertains to an application from Teva Women’s Health, Inc., is not related to that, the FDA said.

Even so, the federal government said in its motion that the FDA’s approval makes the emergency contraceptive available “without significant point-of-sale restrictions.”

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