published Wednesday, May 1st, 2013

Justice Department to appeal morning-after case

  • photo
    This undated image made available by Teva Women's Health shows the packaging for their Plan B One-Step (levonorgestrel) tablet, one of the brands known as the "morning-after pill." The Plan B morning-after pill is moving over-the-counter, a decision announced by the Food and Drug Administration just days before a court-imposed deadline.
    Photo by Associated Press /Chattanooga Times Free Press.

WASHINGTON — The Justice Department is appealing a judge’s decision lifting all age limits on the Plan B morning-after birth control pill and a cheaper generic.

The federal government says the judge who issued the ruling had exceeded his authority and that his decision should be suspended while the appeal is underway.

U.S. District Judge Edward Korman of New York had given the Food and Drug Administration until Monday to lift all age limits on Plan B and cheaper generic. The judge mandated that emergency contraception be sold just like aspirin.

On Tuesday, the FDA said anyone 15 or older could begin buying one brand, Plan B One-Step, without a prescription — two years younger than the current age limit of 17.

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