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Ex-FDA chief called to testify


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May 6--Former White House official and FDA commissioner Dr. Mark McClellan is scheduled to testify June 13 about the agency's repeated refusal to allow nonprescription sales of Plan B, an emergency contraceptive.

Among the concerns of lawyers planning to question him is an internal Food and Drug Administration memo by a staffer who alleges one agency official who worked under the former commissioner feared nonprescription sales of Plan B would lead to teenage "sex-based cults."

The Manhattan-based Center for Reproductive Rights is suing the FDA to force nonprescription sales of Plan B, made by Barr Laboratories of Pomona, N.Y. The group's lawyers are deposing FDA officials to determine whether the agency acted illegally when it prevented over-the-counter sales of Plan B.

McClellan, now administrator of the Centers for Medicare and Medicaid Services, once worked as senior policy director for health care in the Bush White House. McClellan's office did not return a phone call about his deposition, which is to be in Washington, D.C.

In 2001, several women's groups petitioned the FDA for nonprescription Plan B sales. Later, Barr also sought such sales. Conservatives lobbied the FDA against Plan B, saying it causes abortions. Barr says it prevents pregnancy.

McClellan joins a growing list of FDA officials, including another former commissioner, Lester Crawford, called to testify. Crawford failed to show up; his attorney said he was under criminal investigation but gave few details. The deposition has been rescheduled.

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