Attorney General Peg Lautenschlager launched plans to investigate whether any malfeasance has played into the Food and Drug Administration's delayed approval of the emergency-contraceptive pill Plan B for over-the-counter purchase.

In a letter, Lautenschlager asked Gov. Jim Doyle for the authority to bring a lawsuit against the FDA if an investigation into the matter uncovers evidence of wrongdoing.

"The citizens of Wisconsin who are being harmed by this politically motivated delay deserve answers, and they deserve action," Lautenschlager said in a release.

According to Lautenschlager spokesperson Kelly Kennedy, women in the United States have had access to Plan B via prescription since 1999, and its makers filed an application for OTC approval with the FDA in 2003. But the drug has yet to receive the nod for OTC use.

"What we are asking is for the governor and the Department of Health and Family Services to help us dig into some of the FDA regulations and rules for approving applications for a drug to be moved from prescription-only to over-the-counter," Kennedy said.

The FDA's sluggish actions concerning Plan B have been questionable, he said, adding that, especially in cases of rape, women should have the most expeditious access to EC.

"Their inaction is hurting [rape] victims and the state of Wisconsin," Kennedy said. "And we need to sue to get action."

However, anti-contraception advocates have questioned the propriety of EC.

Pro-Life Wisconsin Communications Director Marc Tuttle said Lautenschlager is exploiting her position as the state's top cop in this quest.

"For the attorney general to be using her office to be pushing her own ideological agenda is really a misuse of her power," Tuttle said.

Kennedy noted, however, that FDA-affiliated scientists involved in decision-making in the FDA have already recommended the approval of OTC sales, but such requests have been overruled.

"In this case, [Plan B approval] was denied by an acting director that typically wouldn't even be involved in the decision," Kennedy said.

Though Tuttle admitted politics has played a role in the emergency-contraception issue, he said Plan B — and any investigation into the FDA's policy on it — is a scourge to society.

"This is a waste of taxpayer money," Tuttle said. "Ultimately, I hope [the FDA] takes the drug completely off the market."

Kelda Helen Roys, National Abortion and Reproductive Rights Action League Pro-Choice Wisconsin executive director, echoed Lautenschlager's reasoning and said the inquiry is essential to the health of women in Wisconsin and the nation.

"Obviously we're very pleased that the attorney general is taking this proactive [approach]," Roys said. "Emergency contraception is an important contraceptive option for women, and increased access to emergency contraception will obviously reduce unintended pregnancies and the need for abortion."

But Tuttle stated the contrary, saying there is no evidence showing Plan B is good for women.

"When perfectly healthy women take this, the risks may be small, but they are there," Tuttle said. "It is an abortifacient drug — one of the three ways it works causes the death of a human individual."

The Center for Reproductive Rights filed a lawsuit against the FDA for similar allegations in January, Roys said, adding she hopes Gov. Doyle will back Lautenschlager's intended efforts.

"We certainly believe that Gov. Doyle will authorize this, since he's been a very strong supporter of women's health," Roys said. "He certainly understands the need for preventative measures and he's been a great watchdog for the state."