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Last Updated: Thursday, 2 February 2006, 10:20 GMT
Wal-Mart sued over contraception
Wal-Mart store
Wal-Mart is seeking guidance on the sale of contraception
Wal-Mart is being taken to court over the sale of morning-after pills in pharmacies in Massachusetts.

Three women are suing the retail giant, claiming its failure to stock Plan B contraception pills breaks state law.

Each tried to buy the pill - which can prevent pregnancy if taken up to three days after sex - by prior agreement but were told Wal-Mart did not sell it.

Wal-Mart is seeking clarification of the law on the issue and said it would abide by state regulations.

'Community needs'

The three women - whose case is being supported by pro-choice groups - are trying to secure an injunction to force Wal-Mart to stock the emergency medication in its 48 pharmacies in the state.

They claim Wal-Mart's stance infringes state law requiring pharmacies to stock and dispense commonly prescribed medicines in accordance with "the usual needs of the community".

Wal-Mart said that some of its outlets chose not to stock products for "business reasons" such as poor sales or low demand.

In such a case, the firm said its staff should always refer customers to another store which sold the product.

However, the Associated Press news agency quoted a letter it said had been written by Wal-Mart lawyer, John Delaney, to the plaintiffs stating that it was the retailer's policy not to stock emergency contraception medication.

This was because it was not considered to be within "the usual needs of the community".

Seeking guidance

Wal-Mart is to seek guidance on the issue from the state's Pharmacy Board and said it would comply with its judgment.

Wal-Mart currently only sells Plan B pills in Illinois, where it is required to do so by state law.

Plan B was approved in 1999 and is mainly available only by prescription.

Massachusetts agreed last year that pharmacies could sell the medication over-the-counter but were not required to.




SEE ALSO:
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Wal-Mart must pay workers $172m
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Wal-Mart in global expansion push
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Wal-Mart is labelled 'bad for US'
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26 Oct 05 |  Business


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