Feds Appeal Judge's Plan B Decision

The "Plan B" Iegal fight gets a little more tangled: The Justice Department today said it will appeal a judge's decision lifting all age limits on the birth-control pill and a cheaper generic. The federal government says the judge who issued the ruling exceeded his authority, and it wants his decision suspended while the appeal is underway. It's not clear yet whether the latter will happen. US District Judge Edward Korman of New York had given the FDA until Monday to lift all age limits on Plan B, declaring that emergency contraception be sold just like aspirin.

The FDA hasn't done that, but yesterday it took a lesser step. The agency said anyone 15 or older could begin buying one brand, Plan B One-Step, without a prescription—two years younger than the current age limit of 17. The Justice Department's action today has no bearing on the FDA's decision yesterday. (More Plan B stories.)