Leave it to Fox News Channel’s Dr. Manny (Alvarez) to scare the audience away from open and honest discussion about emergency contraception. In his April 5 column on foxnews.com, Alvarez, FNC’s senior managing editor for health news, characterizes the recent court order to make Plan B One-Step available over the counter for women of all ages as “highly dangerous.”
Is it? Now, if all you watch and read is Fox, you are terrified, and left with little reason to learn more about this ruling, this issue, or this product. (You likely also wouldn’t know that Fox used images of the wrong product in its April 5th broadcast, too. While reporter Julie Banderas spoke about the relevant “Plan B One-Step” product, B-roll of an older two-pill version of Plan B ran on the split screen. This is important because Alvarez and other outspoken opponents argue that young women can’t understand how to use Plan B One-Step safely. It’s pretty simple, though: You take a single pill within three days of unprotected sex.)
To help clarify the situation, here are brief summaries of the ruling, the issue, and the product, brought to you by extensive—and mostly balanced—national media coverage:
Back in 2009, Margaret Hamburg, the commissioner of the Food and Drug Administration (FDA), recommended making Plan B One-Step available to women of all ages. She agreed with the agency’s Center for Drug Evaluation and Research that the pill was that “safe and effective and should be approved for nonprescription use for all females of child-bearing potential.” In late 2011, though, Kathleen Sebelius, the Health and Human Services Secretary, overruled the recommendation, a decision she defended as based on science but “widely interpreted as political,” as The New York Times put it, “because emergency contraception had become an issue in the abortion debate and allowing freer access for adolescents would prompt critics to accuse the president of supporting sexual activity for girls of that age”—this in the middle of the election campaign.
But last week, a federal judge vacated Sebelius’s decision, in rather strong language:
“The decision that the agency was forced to make, contrary to its own policies and judgment, is not entitled to any deference. Indeed, it is hardly clear that the Secretary had the power to issue the order, and if she did have that authority, her decision was arbitrary, capricious, and unreasonable.”
Until the judge ruled, Plan B had been available without a prescription to women 17 and older. As with Sudafed, they just had to ask for it from the pharmacy. It was available only by prescription to those 16 and younger. But now that Sebelius’s heavy hand has been slapped, the FDA has 30 days to make any brand of emergency contraception—or only Plan B One Step, if it chooses—available without a prescription on pharmacy shelves, like Tylenol or Band-Aids.
The administration can appeal the ruling, and the Justice Department, according to NPR and numerous other reports, released a statement saying it is “reviewing the appellate options and expects to act promptly.”
The fight to bring Plan B out from behind the pharmacy counter and out to the open shelves has been going on for more than a decade. It has always involved consumer and professional medical groups, the manufacturer, the FDA, and the White House (both under the Bush and Obama administrations). Recent coverage by Reuters, The Washington Post, The Christian Science Monitor, and The Wall Street Journal offer succinct but thorough explanations of the cascade of regulatory and legal milestones. The Chicago Tribune ran a great timeline based on the Reuters piece and additional reporting.
Misinformation about Plan B and other emergency contraceptives is everywhere. This has helped propagate the fallacy that emergency contraceptives are the same as abortion-inducing drugs, such as RU-486. And, in turn, misinformation has helped groups in opposition to wider access of Plan B appeal to their base.