The FDA denied the petition, but decided that its Reproductive Drugs Advisory Committee should look at the scientific evidence regarding emergency contraceptive pills. But officials of the largest manufacturer of birth control pills, Philadelphia's Wyeth-Ayerst Laboratories, said unequivocally that they will not seek a labeling change because they fear litigation, a perennial concern of any contraceptive manufacturer. The pills in question are off-patent, so any generic manufacturer could apply to make them and to change the label. No company has done so, according to FDA officials. In addition to possible litigation, another potential roadblock for manufacturers is the abortion debate.
Most medical experts state that pregnancy begins when a fertilized egg implants on the uterine wall.
Postcoital emergency contraception prevents the fertilized egg from implanting, thus preventing pregnancy, according to reproductive health specialists. Abortion opponents, however, argue that life begins when the egg and sperm unite. Emergency contraception is chemical abortion. The FDA has not decided on its next move. The agency may continue to encourage manufacturers to apply for a labeling change.