Who's in charge of regulating public morals? Does the FDA have any business sticking its nose in? Does any branch of the Federal government? Legal types, help me out on this.
For years, Barr Laboratories has been trying to get the "morning-after pill", aptly branded Plan B, approved for over the counter sale. It's been such a struggle, and such a political lightning rod, that they probably wish they'd never bothered.
From today's New York Times:
F.D.A. Plans to Consider Morning-After Pill
http://www.nytimes.com/...
[big snip]
In a letter to Barr today, Dr. von Eschenbach indicated the F.D.A. would not approve Plan B for over-the-counter sale for girls under 18. "We believe that the appropriate age for OTC access is 18," he wrote.
While the F.D.A. has insisted that its decisions to reject or delay the Plan B application were the result of scientific or regulatory concerns, a Congressional investigation found last year that top agency officials decided at one point to reject the application before its staff's scientific review was even complete.
Dr. Susan Wood resigned in August as director of the F.D.A.'s office of women's health to protest what she said was political interference in the agency's scientific deliberations.
I'm glad to hear the FDA finally might approve OTC sales of Plan B - for anyone. But where do they get age 18? As I recall, Barr Laboratories submitted research that showed good safety down to age 15, but not much testing for age 14. There was a reasonable basis for drawing a line at age 15, based on medical research or the lack of it. The FDA asked Barr to modify its application to OTC sales for people 16 and older - they tacked on one year for no medical reason. Presumably they were motivated by some concern about public morality. Now, they've tacked on two more years - up to age 18.
Does the FDA have any business trying to legislate public morals? Does any part of the Federal government? The last I heard, regulating public morals was the province of state governments, under what was called "police powers". Has anything officially been changed, or is this just another example of the right wing trying to impose its values on everyone, legal basis or no?