Planned Parenthood, which favors nonprescription status for Plan B, said in a statement that the announcement "holds the potential for improving women's health if the FDA keeps its word this time."
Von Eschenbach has a Senate confirmation hearing today. His nomination has been snared in the political controversy over FDA handling of the morning-after pill.
The FDA has determined that 18 is the "appropriate age" to allow women to buy Plan B without a prescription, Von Eschenbach's letter said, but the agency has questions about the practicality of the manufacturer's proposal to keep drugstores from selling it to minors. He requested a meeting with Barr representatives within seven days.
The battle over Plan B has jeopardized Von Eschenbach's future at the FDA at a time when many think the agency needs permanent leadership to keep up with rapid changes in its areas of responsibility and to resolve questions about its oversight of prescription safety.
A decision on Plan B has been pending since 2003. Two senators angry over delays said they would continue to block a floor vote on Von Eschenbach until the FDA made a firm ruling.
The FDA's announcement "is really a nondecision," said Sen. Patty Murray (D-Wash.), who with Sen. Hillary Rodham Clinton (D-N.Y.) is blocking the nomination.
Murray pointed out that as recently as last year, the Bush administration had promised a final decision, only to backpedal after a prior FDA commissioner won Senate confirmation. "Fool me once," she said. "We're not going to go there again. We will keep our hold on this nomination until we get a 'yes' or 'no' on Plan B."
But the drug's manufacturer saw a possible opening toward a resolution. "I think it's a positive development," Barr spokeswoman Carol Cox said Monday.
"Until we meet with them and go over what kinds of questions they have, it's probably premature to know what kinds of hurdles there might be," she added. Barr's stock rose about 2% on news of the FDA letter.
Health and Human Services Secretary Mike Leavitt said the letter from the FDA demonstrated "a good-faith effort on the part of Dr. Von Eschenbach to help resolve the issues surrounding Plan B."
On Capitol Hill, however, FDA pronouncements on Plan B have been met with skepticism. Last year, an extensive Government Accountability Office review of the FDA's handling of Plan B found that it had not followed its usual science-based process in making decisions.
