CRR files lawsuit challenging FDA's ongoing denial of OTC status for Plan B

January 4, 2005 – The Center for Reproductive Rights filed a lawsuit in federal court in New York on behalf of several individual plaintiffs challenging the FDA's ongoing denial of OTC status for Plan B. The lawsuit seeks an injunction ordering the FDA to approve the OTC switch for women of all ages. The complaint in the case asserts that the FDA's failure to approve the OTC switch violates the federal statute governing actions by federal administrative agencies, violates the constitutional privacy rights of women seeking EC, and constitutes impermissible sex discrimination because EC is used only by women.