“On March 23, 2009, a federal court issued an order directing the FDA, within 30 days, to permit the Plan B drug sponsor to make Plan B available to women 17 and older without a prescription. The government will not appeal this decision. In accordance with the court’s order, and consistent with the scientific findings made in 2005 by the Center for Drug Evaluation and Research, FDA notified the manufacturer of Plan B informing the company that it may, upon submission and approval of an appropriate application, market Plan B without a prescription to women 17 years of age and older.”

The product won’t become available to women of that age until the manufacturer of Plan B submits and receives approval for a labeling change

Before Monday's decision, the FDA had agreed to make the emergency contraceptive known as Plan B available without a prescription only to women 18 and older and only from a pharmacy counter. The Center for Reproductive Rights sued the government in Brooklyn Federal Court, charging the FDA put politics before science in drafting the rules.

In his written decision, Judge Edward Korman noted there appeared to be “political considerations, delays and implausible justifications” in the decision-making process. “The record shows that FDA officials and staff both agreed that 17-year-olds can use Plan B safely without a prescription,” Korman wrote.

Korman said the FDA's justification for this age restriction, that pharmacists would be unable to enforce the prescription requirement if the cutoff were age 17 rather than 18, lacks credibility.

“While the FDA is free, on remand, to exercise its expertise and discretion regarding the proper disposition of the citizen’s petition, no useful purpose would be served by continuing to deprive 17 year olds access to Plan B without a prescription,” Korman said.

A spokesman for the Brooklyn U.S. attorney's office, which represented the FDA, told various media outlets the ruling is being reviewed.