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Lawmakers Tell FDA to Reconsider Its Plan to Ban Imports of Some Generic Drugs From Canada

Lawmakers urge Trump to reconsider a rule that could bar Americans from importing cheap medicines from Canada and abroad.

By mitch·3 min read
Bottles of medicine sit near a sign marking a national border.

Lawmakers are asking the Trump administration to change a new rule that takes effect next month. The rule changes how medicines from other countries enter the United States, and some members of Congress worry it could stop Americans from getting cheap drugs from abroad.

The rule requires a customs process that needs a licensed customs broker and an entry bond for medicines sent through the mail from outside the country. The rule starts next month.

The Rule’s Reach

Current law already makes it illegal to bring medicine into the United States for personal use under most circumstances. Many such drugs have not been approved as being safe and effective.

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Lawmakers say the clamor for foreign imports began two decades ago as drug prices rose. Some Americans took bus rides to Canada to get cheaper medicines. That demand helped build a market for licensed international pharmacies that ship directly to U.S. addresses, and lawmakers say that access is at risk now.

The new rule could close off the easier route of ordering online from a licensed international pharmacy.

What Lawmakers Are Saying

Lawmakers are urging the administration to reconsider the rule before it takes effect next month. They argue that Americans have legally imported medicines from abroad for years, and the rule could block that access. The request reflects concern that a customs requirement involving brokers and bonds could become a barrier for patients who rely on overseas suppliers.

The administration has not yet publicly responded to the lawmakers’ request.

Where the paper stands

The paper backs small business and the small importer against the agency and the giant, and is against a rule the biggest firms helped write that raises the cost of entry for medicines from abroad. Regulation usually protects the biggest players and raises the cost of entry for small ones, and this rule does both.

The requirement of a licensed customs broker and an entry bond is a customs process that raises the cost of entry for small importers, which means it raises the price of the medicine itself. It also closes off the easier route of ordering online from a licensed international pharmacy. The paper supports the small business against both the agency and the giant.

The paper would want the administration to listen to the lawmakers’ request and reconsider the rule before it takes effect next month. It would also want any oversight of these imports narrow and aimed only at the harm, not a broad rulebook written by the biggest firms.

Key Facts

  • The rule starts next month
  • It requires a customs process that needs a licensed customs broker and an entry bond for medicines sent through the mail from abroad
  • Current law already makes importing medicine for personal use illegal under most circumstances
  • Many such drugs have not been approved as being safe and effective
  • The clamor for imports began two decades ago as drug prices rose
  • Some Americans took bus rides to Canada to get cheaper medicines
  • A licensed customs broker and an entry bond are required under the new rule

The question now is whether the administration will listen before the rule takes effect. Lawmakers believe the rule could stop Americans from getting cheaper medicines they have legally imported for years, and they are making their case while they still can.

See the a run of 37 images at STAT.

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