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Judge dismisses Plan B suit

This article was originally published in The Tan Sheet

Executive Summary

A judge in the U.S. District Court for the District of Columbia dismisses a case challenging FDA's OTC approval of Barr Pharmaceuticals' Plan B emergency contraceptive for consumers 18 years of age and older. Judge John Bates ruled March 4 the court "has no jurisdiction" in the case brought by several groups including the Association of American Physicians and Surgeons and Concerned Women for America, in part because they "failed to exhaust their administrative options" before bringing the case to court. The groups unsuccessfully argued that the OTC approval of Plan B put consumers at risk because they did not visit their health care providers, placed pharmacists at increased liability risk and unfairly increased physician competition, among other complaints...

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