Going to Plan B

The behemoth that is Wal-Mart is now being hauled to court by three women in Massachusetts; if Wal-Mart loses, it will be a victory for women and women’s health advocates.

At issue is Plan B, an emergency contraceptive pill that can prevent pregnancy if taken within 72 hours of sex. Pharmacies in Massachusetts are permitted to sell the pill, which is generally issued by prescription, over the counter, although none are required to do so. State law requires its pharmacies is to stock and provide “commonly prescribed medications in accordance with the usual needs of the community.” The three plaintiffs in Massachusetts are contending that Plan B falls within the usual needs of the community.  

Wal-Mart cites low demand for its refusal to stock the drug; however, the AP refers to a letter attributed to John Delaney, a Wal-Mart lawyer, stating that it was the company’s policy — and not a lack of demand or poor sales — to not stock emergency contraceptive pills. The only state in which Wal-Mart stocks Plan B is Illinois, where federal law mandates that it do so.

Should Wal-Mart lose this case, it will be a victory for women and women’s health advocates and a clear message to the corporate monstrosity that it cannot overrule the genuine needs of the community on the basis of its own political motives.

Mimi Hanaoka