United States v. One Package of Japanese Pessaries (2d Cir. 1936)

In United States v. One Package of Japanese Pessaries, 86 F.2d 737 (2d Cir. 1936), the United States government seized a shipment of contraceptive devices mailed from Japan to a licensed New York physician, arguing that their import violated section 305(a) of the Tariff Act of 1930, which at the time prohibited the import of contraceptives. The doctor maintained that the contraceptive devices were intended for patients whose health could be endangered by pregnancy. On December 7, 1936, the Second Circuit ruled that the law did not bar doctors from importing contraceptives for legitimate medical purposes. The Court emphasized that Congress never intended to restrict physicians from providing care essential to women’s health. This decision recognized a doctor’s right to use their own professional judgment in reproductive healthcare, and marked an early step toward affirming access to medically necessary contraception in the United States.