Pharmacy refuses to sell Plan B to man

The ACLU is involved in a case in Dallas, Texas where a man says he was barred from buying the morning-after pill.

One night in late November, Jason Melbourne had to make an emergency run to the pharmacy for Plan B, emergency contraception.

"I'm a married father of two. I can't afford to have another child right now and accidents happen whether we like it or not," he said.

After trying several pharmacies that were out of the product, he went to a CVS. But Melbourne says the pharmacist and technician refused to sell it to him because he's a man.

"He goes, 'The reason we don't sell it to men is because they are using it for rape victims,'" said Melbourne. "And keep in mind I've still got two people in line behind me. It's a 24 hour pharmacy, there's a lot of people there and I'm kind of taken aback. Wow, did he just say that to me."

According to FDA guidelines, emergency contraception is available to anyone over the age of 17 - male or female - without a prescription.

In a statement, CVS says in part: " is against our policy to prevent the sale of emergency contraception to a male customer. "

CVS says it is following up with the pharmacy staff to ensure that its policies are being properly followed.

The American Civil Liberties Union of Texas is on Melbourne's side, and says this is not an isolated incident. There have been similar complaints in other states, and at other pharmacies, like Walgreen's, where it claims two men were not allowed to purchase the drug last year.

Melbourne ended up finding Plan B at a Walgreen's and bought it without confrontation.

Walgreen's says its policy clearly says a man can buy emergency contraception.

But the ACLU says because of previous incidents at Walgreen's, it petitioned corporate to make sure policy is being followed.

As for Melbourne, he says he will not be shop at that CVS pharmacy ever again.

Copyright 2012 FOX. All Rights Reserved.