by Brian Hioe

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Photo Credit: freestocks.org/CC0

THE FOOD AND DRUG Administration’s (FDA) choice to list three drugs as requiring a doctor’s prescription has led to public criticisms. Namely, two of the three drugs–levonorgestrel and ulipristal acetate–are contraceptives.

In response to the move, a petition was launched on the Public Policy Online Participation Network Platform urging the listing of emergency contraceptives as an over-the-counter (OTC) drug in pharmacies, reaching 8,000 signatures. The government is mandated to respond to petitions that reach over 5,000 signatures. The FDA has stated that it will respond by September 4th.

Specifically, emergency contraceptives need to be used within 72 to 120 hours. Concerns have been raised about the access of women to emergency contraceptives during late-night hours, on weekends, or in rural areas. Likewise, access to emergency contraceptives may be vital in cases of sexual assault or non-consensual sex.

For its part, the FDA has stated that the proposal is still being assessed and that it may consider a dual-track system where some contraceptives require a prescription while others are available over the counter. Nevertheless, the issue proves concerning.

This is not the first time that there has been contention over the issue. In May 2025, the FDA decided not to move forward on listing emergency contraceptives as an OTC drug.

The move was criticized by women’s groups, particularly in light of the fact that 80% of developed countries allow for emergency contraceptives as an OTC drug. For its part, the FDA claimed that there is a lack of social consensus on the issue, and that there is a need to consult further with expert opinion on safety.

At the time, groups such as the Taipei Women’s Rescue Foundation and the Federation of Taiwan Pharmacists Associations supported listing emergency contraceptives as an OTC drug. However, the Taiwan Association of Obstetrics and Gynecology opposed the move, claiming that there are dangers to the misuse of emergency contraceptives. The Taiwan Women’s Rescue Foundation, by contrast, emphasized that emergency contraceptives are not a high-risk drug.

Taiwan has received international accolades for its progressiveness in terms of sexual freedoms in recent years. This has occurred through actions such as electing the first female president, appointing the first transgender government minister, and legalizing same-sex marriage. The latter act made Taiwan the first country in Asia to do so.

At the same time, there are ways in which Taiwan remains highly conservative on some issues.

One prominent example is abortion rights. For abortions to take place in Taiwan, spousal consent is still required in Taiwan.

To this extent, there are still no legal provisions for no-fault divorces in Taiwan. Adultery was only decriminalized in Taiwan in May 2020.

Otherwise, the public remains divided on issues such as legalizing surrogacy. Criticism from women’s groups has usually been that surrogacy would be a way of commercializing women’s bodies, with the suggestion that a surrogacy system would be abused or would primarily consist of women who are in financial need. This has led those seeking surrogates to look outside of Taiwan.

It is of note that there has not been widespread social discussion of such issues. It is to be seen if this changes in the near future.
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