Senators Dorgan and Snowe and Representatives Emerson and Emanuel Introduce Legislation to Allow Drug Importation

On January 10, Senators Dorgan (D-ND) and Snowe (R-ME) and Representatives Emerson (R-MO) and Emanuel (D-IL) introduced the Pharmaceutical Market Access and Drug Safety Act (the "Act"), drafted to allow the importation of drugs from FDA registered and approved pharmacies abroad.  The news release issued by Senator Dorgan indicated more than thirty groups support the move (including the AARP) and that savings that could total up to $50 billion dollars in the next ten years.

Making the case for the proposal, the findings in Section 2 claim that

  • Americans pay the highest price in the world--up to five times the price that consumers worldwide pay--for prescriptions;
  • A drug is neither nafe nor effective if an individual cannot afford the cost; and
  • Allowing the importation of drugs would promote competitive pricing, result in savings, and make for greater access to therapy.

The Act allows for the importation of certain "qualifying drugs" in which there is a "U.S. Label Drug" equivalent.  Such drugs may be imported not only from exporters in Canada, but also from other countries as designated by Secretary of the Department of Health and Human Services.

Commenting on the Act, Dorgan stated, "Currently, the big drug manufacturers can monopoly price their medicines here and, as a result, American consumers pay the highest prices in the world for prescription drugs.  The fact is, miracle drugs perform no miracles for people who can't afford them."  Likewise, Senator Snowe stated, "This legislation leaves no stone unturned to assure that the importation of prescription drugs will be safe and meet the requirements of the Food and Drug Administration, while delivering real savings to American consumers." 

Others have criticized the Act, however.  Dr. Adam Fein of the hit blog Drug Channels, in his article "Real News About Fake Drugs," references prior articles covering the dangers of reimportation and states that he finds "it highly ironic that the proposed legislation includes 'drug safety' in its title."   

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