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Nature 438, 401 (24 November 2005) | doi:10.1038/438401a

US watchdog finds bias against morning-after pill

Meredith Wadman, Washington DC

Drug agency accused of mixing politics with science.

A US government watchdog has announced that there was a high-level
effort within the US Food and Drug Administration (FDA) to overrule
agency scientists and block over-the-counter access to an emergency
contraceptive.

Many critics suspected as much when over-the-counter access to Plan B
(levonorgestrel) was denied in 2004 despite the recommendations of
agency scientists and outside experts. But a government report issued on
14 November has now reached the same conclusion.

The Government Accountability Office (GAO), the investigative arm of
Congress, says the effort was led by the then commissioner of the FDA,
Mark McClellan, and note that McClellan's involvement along with his
high-level colleagues in what is normally a staff decision was "unusual".

Arthur Caplan, director of the Center for Bioethics at the University of
Pennsylvania, told Nature that in 20 years of watching and advising the
FDA, "I've never seen this level of high-up administrative intervention
into the scientific review process. The science indisputably supports
approval, but the politics didn't. I think the higher-ups including the
then commissioner put the politics first."

Plan B works by preventing fertilization or implantation if it is taken
within 72 hours of intercourse. Conservatives adamantly opposed making
the contraceptive accessible without a prescription, fearing it would
increase teenage promiscuity.

In 2003 an FDA advisory committee of external experts voted 23–4 to make
Plan B available over-the-counter, a change backed by staff reviewers at
the agency. But the GAO reports that McClellan repeatedly resisted
approval of the move, because of concerns about its use by younger
teenagers, despite data showing that the safety issues were no different
for younger women.

In May 2004, two months after McClellan had been replaced by acting
commissioner Lester Crawford, the change was rejected. The manufacturer
of Plan B, Barr Laboratories, was encouraged to resubmit an application
to make Plan B available to women over 16. But this August the agency
indefinitely postponed the decision on that application (see Nature 437,
179; 2005).

The FDA responded to the GAO report saying it "mischaracterizes facts...
We question the integrity of the investigative process." Gary Karr,
spokesman for McClellan also insists that the former FDA chief "neither
made a decision nor did he recommend a decision" on Plan B.

Susan Wood, a former assistant FDA commissioner who quit in September in
protest over the FDA's handling of Plan B, said in a statement: "This
report is a sad reminder of why I felt compelled to resign — that the
FDA leadership is ignoring its process and not relying on science and
medical evidence."

The Bush administration has been under increasing fire for politicizing
scientific decisions on matters from global warming to the reliability
of condoms. Last week, attention also focused on upcoming
recommendations for vaccination against cervical cancer. A vaccine has
been shown to be effective in preventing the cancer, which is caused by
the sexually transmitted human papilloma virus. Conservative groups
argue that widespread vaccination will encourage sexual promiscuity
among young people.

In an effort to pre-empt these groups' influence on the upcoming
vaccination policy, Senator Hillary Clinton (Democrat, New York), who
also spoke out against the FDA's treatment of Plan B, wrote last week to
Mike Leavitt, the Health and Human Services secretary. The Bush
administration, Clinton said in the letter, "has repeatedly allowed
ideology, not science, to form the basis of policy... We do not want to
see another instance of ideology trumping the health and well-being of
the American people."

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