Tummino v. von Eschenbach: Discovery Order Suggesting Bad Faith on Part of FDA


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February, 2006
New York

POHORELSKY, 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 reproductive rights.The defendant is the Acting Commissioner of the FDA who is sued here solely in his official