NEW YORK —
“The plaintiffs should not be forced to endure, nor should the agency’s misconduct be rewarded by, an exercise that permits the FDA to engage in further delay and obstruction,” he wrote.
He said the case isn’t about the potential misuse of the morning-after pill by 11-year-olds. He said the contraceptives would be among the safest drugs sold over-the-counter and the number of 11-year-olds likely to use the drugs was minuscule.
Four years ago, Korman was highly critical of the government’s handling of the issue when he ordered the FDA to let 17-year-olds obtain the medication. At the time, he accused the government of letting “political considerations, delays and implausible justifications for decision-making” cloud the approval process.