FDA May Face Lawsuit From Wisconsin Over Morning After Pill Delay 
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by Steven Ertelt
LifeNews.com Editor
December 2, 2005
Washington, DC (LifeNews.com) — Wisconsin Governor Jim Doyle is considering a request from state Attorney General Peg Lautenschlager for permission to sue the Food and Drug Administration for delaying making a final decision on whether morning after pills can be sold over the counter.
The agency has come under fire from abortion advocates for delaying its decision on a request by the makers of the pills, which can sometimes cause an abortion, to sell them to women over the age of 16.
Doyle spokeswoman Melanie Fonder told the Capital Times newspaper that the governor is troubled by the delay and has already instructed the state of Health and Family Services to work with the state Justice Department on a possible lawsuit.
"The governor has been very troubled by the FDA’s delay and believes their lack of action has had a negative impact on the lives of women" in Wisconsin, Fonder said.
Fonder told the Times that a lawsuit will proceed if the two agency find there are enough grounds for one.
Lautenschlager wrote a letter to Doyle, a Demcorat who backs abortion, saying the FDA’s delay is an inconvenience for women and is contributing to the number of unplanned pregnancies in the state.
FDA officials say the delay is because the request to sell the drugs only to women above a certain age presents considerable enforcement issues the agency needs to address. The agency is also conserned that Barr Phamaceuticals has not provided enough information about how its drug affects teenagers.
Lautenschlager is asking for Doyle’s approval so the state Justice Department can receive technical assistance from the state Department of Health and Family Services. Also, Doyle is required by state law to approve any lawsuit the state undertakes against another state or a federal agency.
Pro-life groups generally oppose the Plan B drugs because they can act as an abortion agent in some cases and they say the drugs should not be sold over the counter because women need to be able to visit with a physican beforehand.
