Senator Murray Statement on FDA Approving Over-the-Counter Birth Control, Pushes to Pass Landmark Affordability is Access Act

Senator Murray has led the charge in calling on FDA to follow the science and expert recommendations to put over-the-counter birth control on shelves, like it is in more than 100 other countries

ICYMI: Murray, Pressley Lead Press Conference Urging FDA to Follow Science, Quickly Review Over-the-Counter Birth Control

ICYMI: Murray, Hirono, Cortez Masto Rally for Over-The-Counter Birth Control, Reintroduce Affordability is Access Act

***VIDEO of Senator Murray Urging FDA to Approve Over-the-Counter Birth Control; VIDEO of Senator Murray urging passage of her Affordability is Access Act***

Washington, D.C. – Today, U.S. Senator Patty Murray (D-WA), Chair of the Senate Appropriations Committee, issued the following statement on FDA approving the first over-the-counter birth control pill available in the United States.

“Today’s decision is a huge deal for women in America—and finally, some good news in the fight to allow women to make their own decisions about their health care,” said Senator Murray. “The fight to expand access to contraception is even more important today in a world without Roe, and over-the-counter birth control is going to be a real game-changer.”

“Birth control is safe, effective, and essential—women across America have known that for decades, and I’m glad the FDA has followed the science to finally put over-the-counter birth control on the shelves,” Murray continued. “For the first time ever, women in this country will be able to walk into a pharmacy and pick up birth control without a prescription. But it’s not enough for an over-the-counter birth control pill to be available to women—it has to be affordable, too. That’s why we need to pass my legislation that would make certain insurers fully cover over-the-counter birth control without any out-of-pocket costs.”

Soon after the FDA Advisory Committee’s unanimous vote this summer recommending that FDA move forward to approve the first-ever application for over-the-counter birth control, Senator Murray urged FDA to follow the science and quickly review the over-the-counter birth control application. Shortly thereafter, Senator Murray reintroduced her landmark Affordability is Access Act. The legislation would ensure that once the FDA determines an over-the-counter birth control option to be safe, insurers fully cover over-the-counter birth control without any fees or out-of-pocket costs.

Under the Affordable Care Act, all private health insurance plans are required to fully cover — without copays or out-of-pocket costs — all U.S. Food and Drug Administration (FDA)-approved, granted, or cleared methods of contraception. The Affordability is Access Act would ensure that this also applies to over-the-counter birth control. The Affordability is Access Act would also maintain the FDA’s sole authority to determine the safety and efficacy of drugs and make them available over the counter without a prescription, and ensure retailers provide contraception without a prescription. The legislation states that any retailer that stocks contraception that the FDA has approved, granted, or cleared without a prescription may not interfere with a consumer’s access to or purchase of such contraception.

Over the course of her career, Senator Murray has always fought to ensure widespread access to affordable birth control. In the aftermath of the Dobbs leak, Senator Murray introduced and sought unanimous consent to pass the Right to Contraception Act to protect every American’s right to use contraception—Republicans blocked the bill. Senator Murray pushed to ensure birth control was covered under the Affordable Care Act (ACA), led the fight against the Supreme Court’s Hobby Lobby ruling, and has persistently pressed the administration to enforce the ACA’s coverage for contraceptive services since then. Senator Murray has long held that FDA must make its decisions based on sound science and public health needs, not politics—and she is widely credited with leading the fight to make Plan B available over the counter.’

Recent polling has found that nearly 8 in 10 voters have a favorable view of birth control pills and more than 7 in 10 support making the pill available over-the-counter.  The Affordability is Access Act addresses the reality that for many—especially those with the tightest budgets—true access requires affordability.

###