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Potency and Pregnancy in Japan: Did Viagra Push the Pill

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Potency and Pregnancy in Japan: Did Viagra Push the Pill Tulsa Law Review Volume 35 Issue 3 Practitioner's Guide to the 1998-1999 Supreme Court Term Spring 2000 Potency and Pregnancy in Japan: Did Viagra Push the Pill Patricia L. Martin Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Patricia L. Martin, Potency and Pregnancy in Japan: Did Viagra Push the Pill, 35 Tulsa L. J. 651 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol35/iss3/10 This Casenote/Comment is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Martin: Potency and Pregnancy in Japan: Did Viagra Push the Pill POTENCY AND PREGNANCY IN JAPAN: DID VIAGRA PUSH THE PILL? I. INTRODUCTION For the first time in history, Japanese women can legally buy birth control pills ("the Pill") for contraceptive purposes.' The Pill was offered on the market to the Japanese public beginning in September 1999, thus culminating a nine-year battle by Japanese pharmaceutical companies to gain approval from the Japanese government for the sale of the "low-dose" contraceptive? In June 1999, the manufacturers of oral contraceptives finally received approval from the Japanese Ministry of Health and Welfare ("MHW") for sale of the Pill by prescription.' The approval process through this nine-year period is best described as a slow moving train which gained unexpected speed as it neared its destination, fueled by an unexpected source. Rumors abound that approval of the Pill in Japan was spurred by the swift approval of Viagra in that country.4 In contrast to the approval process for the Pill, the wonder-impotency drug for men gained approval from the same MHW in a record six months,5 a bullet train of bureaucratic speed and need.6 Although the Pill has been available in the United States for almost forty years, Japan is the last industrialized nation to approve the safety and legality of the pill for its citizens.7 The contrast between the slow rate of approval of the Pill and the speedy approval of Viagra certainly highlights the vagaries of the Japanese government's drug approval process. Even more importantly, in light of the fact that birth control issues are so closely related to human sexuality, gender equality, reproductive rights, abortion, and population control, the contrast focuses attention on several areas where Japan may face change or criticism.8 The Japanese government's inconsistency in the approval process of the Pill and Viagra is not easily explained 1. See Drug Makers Introduce Birth Control Pills in Japan,NATIONALPOST, Sept. 3, 1999, at C02. News of the legal sale of birth control pills was reported worldwide on Sept. 3, 1999. See, e.g., News in Brief, THE CHRISTIANSCIENCEMONrrOR, Sept. 3,1999, at24; WorldNewsTonight(ABCtelevisionbroadcast, Sept. 2,1999) (transcript #99090203-j04); THE TIEs (London), Sept. 3, 1999. 2. See Birth Control Pill Goes on Sale in Japan, DEUTSCHE PRESSE-AGENTUR, Sept. 2, 1999, available in LEXs, News Group Files. 3. See JapanHealth Ministry Approves Birth ControlPills, ASIA PULSE, June 17,1999, available in LEXis, News Group Files. 4. See World Watch, TMIE, Sept. 13, 1999, at 16. 5. The link between birth control pill approval and Viagra was made onABC WorldNews This Morning, Sept. 3, 1999 (transcript #99090303-j03) and in newspapers. See, e.g., Popularityof Pill Not Likely to Soarin Japan, THE DESEREr NEwS, Sept. 1, 1999, at A06. One theory suggests that Viagra won approval in record time because "the country's mostly male politicians wanted access to the drug for their own use." Kay Itoi, The Great Viagra Emergency, NEWSVEEK, Feb. 8, 1999, at 39. 6. The bullet train, or shinkansen, is the high speed express train linking major cities in Japan. 7. See Birth Control Pill Goes on Sale In Japan,supra note 2. 8. See Anika Rahman, Symposium: Women's Rights as InternationalHuman Rights: Toward Government Accountabilityfor Women's Reproductive Rights, 69 ST. JOHN's L. REv. 203 (1995) (discussing the relationship between access to birth control and reproductive rights). Published by TU Law Digital Commons, 1999 1 Tulsa Law Review, Vol. 35 [1999], Iss. 3, Art. 10 TULSA LAW JOURNAL [Vol. 35:651 or harmonized. Any explination, in fact, points a finger at the schizophrenic role Japan plays as a world leader,9 and the double standards and paradoxes that permeate Japanese life and culture.' Why is an explanation for Japan's reaction to the Pill important? First, as Japan grapples with the fallout from this latest blunder in the equal rights arena,1 the world, specifically the United Nations, will be watching for the Japanese response to pressure for a more sexually egalitarian society. Second, another legal issue which will surface based upon Japan's approval of the Pill and the contrast with approval of Viagra is informed consent in the context of reproductive health, an area where the Japanese may consider emulating the United States or other countries. Third, as Japan attempts to reconcile new contraceptive techniques with its abortion policies, Japan's struggle may enlighten those seeking a compromise on abortion in the United States." Approval of the Pill will not automatically create gender equality, reduce abortion, or implement informed consent; rather, the approval of the Pill will force the Japanese to seek legal and social solutions to these issues under international scrutiny. Until the Pill was approved, abortion was the only available option for a Japanese woman to prevent the birth of an unwanted child. 3 As this comment will indicate, past comparisons of Japanese and American abortion laws are thoughtful and enlightening. 4 Those comparisons, however, were based on the unavailability of oral contraceptives to Japanese women; therefore, abortion was not only an option for terminating a pregnancy, but was the primary method of birth control when condoms failed.'5 This comment goes beyond the previous comparisons to focus on some future areas of change in Japanese society and Japanese law relating to the abortion issue now that the Pill is legal. Specifically, Japan's leaders and policy-makers must consider, as Japanese women begin to choose the Pill as a contraceptive option, what concurrent changes the Pill will provoke. Currently in Japan, abortion does not divide society on moral 9. See id. at 209 n.19. Japan contributes to family planning through the United Nations and the International Conference on Population and Development (ICPD) and other organizations. 10. See SamJameson, Viagravs. BirthControl Case Shows Japan 'sDoubleStandard, THEDENVERPOsT, Feb. 17, 1999, at B-09. It is always a temptation to explain what the west sees in Japan as inconsistencies as "duality", "opaqueness" or "cultural differences." This is too simplistic. Japan is a complicated society with a long and distinguished history which has shaped its response to non-Japanese conventions, rules and norms. 11. Maya Kaneko, Viagra'sSpeedy Approval Contrastswith Ban on Pill,JAPAN ECONoMIC NEWSWIRE, Jan. 31, 1999. 12. See generally Anita L Allen, Review Essay: Tribe'sJudicious Feminism, 44 STAN. L REV. 179, 198-200 (1991). 13. See Willis Witter, JapanesePanel Oks Sale of the Pill; Viagra Approval Spurred Uproar,THE WASH. TiMES, March 4, 1999, at Al. The condom and abortion have been the two major methods of "birth control" in Japan, since the IUD is not allowed in Japan. Women have little control over use of the condom in preventing pregnancy. 14. See, e.g., Sara L Walsh, Liquid Lives and Liquid Laws: The Evolution ofAbortion Law in Japan and the United States, 7 INT'L LEGAL PERSPECrIVES 187, (1995); Lynn D. Wardle, "Crying Stones": A Comparison of Abortion in Japanand the United States, 14 N.Y.L. SCH. J. INT'L & COMP. L. 183 (1993). 15. See Aya Furata, LatestAttack on the Pill Comesfrom Environmental Groups,THE NIKKEI WEEKLY, July 13, 1998, at 19 (stating that in 1996, 340,000 abortions were reported, 8.3% on teenagers, and that the percentage is increasing). See also Suvendrini Kakuchi, Population-Japan:Too Quick on Viagra, Too Slow on the Pill, INTER PRESS SERVICE, Feb. 9, 1999, available in LExiS, News Group Files [hereinafter Kakuchi, Viagra]. https://digitalcommons.law.utulsa.edu/tlr/vol35/iss3/10 2 Martin: Potency and Pregnancy in Japan: Did Viagra Push the Pill 20001 VIA GRA AND THE PILL IN JAPAN and religious grounds as it does in the United States.16 Rather, abortion is a socially acceptable practice domestically which receives criticism internationally. 17 Will the lessened need for abortion in Japan due to increased use of the Pill spark an interest in the rights of the unborn child? Will Japanese religious groups begin to rally around the child and the preservation of the family as a political force to change abortion laws? What issues will be the focus in the future? Can Japan avoid the divisive, angry, and at times, violent debate concerning abortion that has been a part of American culture and political life since even before the landmark Supreme Court decision in Roe v. Wade?"8 Intersecting with the issues of informed consent will be reproductive rights: How will Japan respond to international and domestic challenges in this area of obvious inequality? In general, will Japan be able to continue to keep its paradoxical double standard on issues that face much of the industrialized world?19 To put these issues in a historical and contextual framework, this comment explores the history of the efforts by pharmaceutical companies to introduce the Pill in Japan, and, in Section I, suggests reasons for the slow approval of the Pill.
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