FDA Commissioner Plays Politics with Women's Lives

February 13, 2004

Statement of NOW President Kim Gandy

In a transparently political move, Food and Drug Administration (FDA) Commissioner Mark McClellan has delayed the approval of Plan B emergency contraception for over-the-counter use. Despite the overwhelming 24-3 vote of two FDA advisory panels in favor of making the "morning after" pill available without prescription, McClellan extended the imminent Feb. 20 deadline by an additional 90 days.

Reports have revealed that McClellan is under consideration by President Bush for a prestigious post heading up the Centers for Medicare and Medicaid Services. Could it be that McClellan wants to avoid making any potentially controversial decisions before his appointment is confirmed? And if McClellan avoids making this decision before he moves to the Medicare agency, how much longer might the approval of emergency contraception be delayed? It took Bush two years to fill the FDA post last time.

Meanwhile, women cannot purchase this important and often live-saving treatment without a doctor's prescription. As we saw from a highly publicized incident in Denton, Texas, access is often denied even with a prescription. As its name suggests, this drug is about responding to emergencies—emergencies that are a result of unwanted sex or contraceptive failure. Once a woman is raped, or a condom breaks, the clock begins ticking. Emergency contraception works best up to 72 hours after unprotected sex. However, many hospitals do not provide emergency contraception, even to rape victims. And making an appointment with a doctor to obtain a timely prescription can be next to impossible for many women.

On Dec. 16, the FDA panel heard compelling testimony from NOW and our allies, and from young women themselves, about the critical need for wider access to emergency contraception. The answer is clear: Plan B is safe, effective, easy to use, and could prevent thousands of unwanted pregnancies.

How many more women will become pregnant while the FDA plays politics with their lives? The women who will benefit most from the availability of emergency contraception are rape survivors, young women, low-income women and rural, isolated women. These women deserve better from the government agency charged with overseeing drugs that can benefit their reproductive health. This is just one more reason why NOW and hundreds of thousands of women's rights supporters will converge on Washington, D.C., on April 25 to March for Women's Lives.

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