The federal government is continuing its court battle to try to limit over-the-counter sale of levonorgestrel-based emergency contraception to adolescents under age 15 years.
On May 13, the U.S. Department of Justice requested that the Second U.S. Circuit Court of Appeals temporarily halt the implementation of a court order to lift all point-of-sale age restrictions on emergency contraception, pending an appeal of the case.
That original ruling, which was handed down by Judge Edward Korman of the Eastern District of New York in April, was set to go into effect in early May. The government requested a stay of the ruling from Judge Korman, which he denied on May 10. But he gave the government until May 13 to request a stay from the Court of Appeals.
Judge Korman, who has harshly criticized the government’s regulation of emergency contraception, wrote in his latest ruling that the attempt to appeal his order was "frivolous" and another attempt to "delay."
The Justice Department argues that there is no need to implement the ruling because the Food and Drug Administration recently approved Plan B One-Step (levonorgestrel tablet, 1.5-mg, for oral use) without prescription for young women aged 15-16 years, provided they can verify their age. Previously, the emergency contraceptive product was only available OTC to women aged 17 years and older.