The American College of Obstetricians and Gynecologists and the Society for Adolescent Health and Medicine also commented on the ruling in a statement.
But in a statement issued by the Family Research Council, Anna Higgins, a lawyer and director of the council’s Center for Human Dignity, said that the ruling "places the health of young girls at risk. Making Plan B available for girls under the age of 17 without a prescription flies in the face of medical information and sound judgment. I am very troubled that the court has not fully taken into account the concerns expressed by HHS Secretary Kathleen Sebelius and many public health advocates that there is not enough data on the health effects of Plan B on young girls."
Concerns expressed by opponents of teens’ access to OTC emergency contraceptives include the risk that OTC access would encourage repeated use of ECs without medical supervision and that teens might be coerced into taking ECs.
During the briefing, Dr. Breuner said there are no scientific data showing that repeated EC use is harmful to young women, but she emphasized that it was important that young women discuss more effective and consistent forms of contraception with their health care providers. Coercion is another concern and should also be discussed with health care providers, she said.
During the briefing, Susannah Baruch, interim president and CEO of the Reproductive Health Technologies Project, added that there are studies indicating that teenaged and adult women understand that emergency contraception is intended as a backup method, and that while it may be difficult for some to accept the fact that a teenage couple may be having sex, "if they are, we think it’s important that they have access to safe options."
The FDA or Health and Human Services department had no comment on the ruling.
Plan B One-Step, which contains one 1.5-mg levonorgestrel tablet, was approved in 2009. Plan B, which contains two 0.75-mg levonorgestrel tablets, approved in 1999, is no longer marketed but generic versions are available.
The plaintiffs in the case, Tummino vs. Hamburg, include the Association of Reproductive Health Professionals.