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Important Update
States v. FDA Regs RE: re-imporation from Canada
States are attempting to establish own guidelines for the re-importation of prescription meds from Canada. This move has been met with opposition by FDA which is likely to lead to more state-federal conflicts.
Despite FDA Stance, US States Move to Import Drugs From Canada
By Kim Dixon
CHICAGO (Reuters) Jan 09 - Despite warnings from federal officials that they will not approve the import of cheaper prescription drugs from Canada, more U.S. states are moving ahead with their plans to make such purchases.
New Hampshire and Iowa officials say they will soon join Illinois, which last month formally asked U.S. health regulators to approve its bid to import prescription drugs from Canada for retirees and state employees.
Under a new Medicare law, the U.S. health secretary must certify that importing such drugs is safe before it can be done legally. States argue that the law gives the federal government the power to approve the imports, but FDA officials have disagreed.
U.S. health officials vocally dismissed the idea of states importing drugs before the Illinois letter even landed in Washington. But that isn't stopping other states from making plans, going toe to toe with the U.S. Food and Drug Administration over its steadfast opposition.
"We are moving forward with requesting a waiver (to the import ban)," said Wendell Packard, spokesman for Gov. Craig Benson of New Hampshire, a Republican. "The FDA called and said we want you to come down, the governor's schedule didn't permit it, so they said they'd come to us."
Importing prescription drugs from Canada is a sore point between cash-strapped states and the federal government, which says the policy is too risky and that they don't have the resources to regulate it.
Driving the friction is double-digit medical inflation punching holes in state budgets.
FDA officials have said they do not plan to go after individuals who buy prescription drugs in Canada, but they have pursued companies involved in the business and have not ruled out action against states.
The FDA won a major victory when a U.S. court ordered Rx Depot Inc., a chain of storefronts that sends consumers' prescriptions to Canada, to shut down. Rx Depot said it will appeal.
"I have no doubt in my mind that the FDA will go to court to stop it," said Ira Loss, analyst at Washington Analysis who follows the FDA closely. "They are not going to bother you if you are just buying for you, but if you decide you'll become an importer, that's a different story."
Boston, Massachusetts officials said last month they will start importing drugs from Canada on July 1, 2004, even if regulators refuse to approve its plan.
At least a dozen other states, including Wisconsin and Minnesota, are mulling importation.
Reuters 2004
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