NY judge: Fed plan for morning-after pill sales OK

FILE - In this May 2, 2013 photo, pharmacist Simon Gorelikov holds a generic emergency contraceptive, also called the morning-after pill, at the Health First Pharmacy in Boston. The plaintiffs in a legal battle over emergency contraceptives say in a letter Wednesday June 12, 2013, the government has failed to comply with a New York judge's order to lift all restrictions on sales of the drug. (AP Photo/Elise Amendola, File)

FILE - In this May 2, 2013 photo, pharmacist Simon Gorelikov holds a generic emergency contraceptive, also called the morning-after pill, at the Health First Pharmacy in Boston. The plaintiffs in a legal battle over emergency contraceptives say in a letter Wednesday June 12, 2013, the government has failed to comply with a New York judge's order to lift all restrictions on sales of the drug. (AP Photo/Elise Amendola, File)

— A New York City judge has found the government can go ahead with its plan to make the morning-after pill available over the counter.

But Judge Edward Korman also warned the Food and Drug Administration must approve the sales without delay or face further litigation in a long-running dispute over the emergency contraceptives.

The memo issued by the judge on Wednesday came in response to a Department of Justice decision this week to reverse course and comply with his order to make morning-after pills available to buyers of any age without prescriptions.

Lawyers for women's rights advocates had argued in a letter to the judge the plan falls short because it limits the unrestricted sales to the more expensive Plan B one-pill version of the drug.

The judge wrote approval of the one-pill version "is sufficient to comply" with his order.

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