FDA Fails Women Again, NOW Calls for National Day of Action

Statement of National Organization for Women President Kim Gandy

August 26, 2005

The National Organization for Women calls on women's health advocates to join in a National Day of Action on Tuesday, August 30, protesting the decision by the Food and Drug Administration (FDA) regarding emergency contraception (EC).

Today's announcement by the FDA, on Women's Equality Day no less, is insulting on so many levels that I hardly know where to begin.

First, Health and Human Services and the FDA misled the U.S. Senate in order to achieve the confirmation of Lester Crawford to FDA commissioner. Senators Patty Murray and Hillary Clinton had put a hold on his nomination, and released their hold (thus enabling his confirmation) after receiving absolute assurance that the FDA would finally make a decision on non-prescription availability of emergency contraception by September 1.

Second, despite years of study, despite strong support from the FDA's professional staff, despite extensive public hearings and commentary, and despite the near-unanimous recommendations of not one but two FDA advisory panels, this newly appointed Commissioner has again delayed women's access to emergency contraception (EC) — and with the lame excuse that they need more time for "public comment."

Third, the one thing that was made clear in today's announcement is that women under 17 will be left out altogether, and this time the excuse is even more ridiculous: that the "target" users will not be able to understand the directions. Since Plan B consists only of two small white pills, and the directions are to take one pill after unprotected intercourse (within 5 days) and to take the second pill 12 hours after the first one, it is apparent that any teenager with 6th grade reading ability could follow these directions. My 12-year-old daughter could follow those directions easily. And even if the directions weren't followed properly, EC is extremely safe — so there would be no adverse health consequences to justify extreme measures to keep it out of the hands of young women.

So the FDA's "reason" is merely an excuse to deny young women access to the means to prevent pregnancy, and at a time in their lives when an unwanted pregnancy would wreak havoc on their young lives and limit their future. And if a young woman can't understand such a simple label, do we honestly think that the alternative should be motherhood?

Finally, the FDA says it is not making EC available without prescription to women 17 and over because they can't figure out how to prevent access to those under 17. C'mon — as if they haven't seen drugstores deal with alcohol, cigarettes, and the nicotine patch for years. This is just another in a long line of decisions that make women's health secondary to right-wing politics. This administration is determined to turn the FDA into an arm of the Republican Party - carrying out the fondest desires of Bush allies who oppose women's use of contraception.

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For Immediate Release
Contact: Mai Shiozaki, 202-628-8669, ext. 116; cell 202-641-1906

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