Judge denies request to delay Plan B order

Judge Edward Korman in the U.S. District Court for the Eastern District of New York denied a request for a stay of an April order compelling FDA to make emergency contraceptives containing levonorgestrel available OTC without any age restrictions. Last week, the U.S. Department of Justice requested the stay pending its appeal of the order. Judge Korman said DoJ's appeal is "frivolous and is taken for the purpose of delay." The judge granted a temporary stay until noon on Monday, May 13, to allow DoJ to file a motion for a stay with the Court of Appeals for the Second Circuit (see BioCentury, April 8).

DoJ's request for a stay and appeal came last Wednesday, the day after FDA approved an sNDA to allow for OTC sale of Plan B One-Step from Teva Pharmaceutical Industries Ltd. (NYSE:TEVA) to those age 15 and over with proof of age (see BioCentury Extra, May 1). ...