Tummino v. Von Eschenbach Ex Rel. Food & Drug Administration

DECISION AND ORDER

POHORELSKY, United States Magistrate Judge.

The plaintiffs in this action seek judicial review, under the Administrative Procedure Act (“APA”), see 5 U.S.C. § 706, and the United States Constitution, of the actions taken by the Food and Drug Administration (the “FDA”) with respect to certain applications requesting the approval of over-the-counter access for Plan B, an emergency contraceptive drug commonly known as the “morning-after pill.” The plaintiffs are a group of individuals, all of whom are women, and organizations involved in the areas of reproductive health and…