NBC News reports on the Food and Drug Administration’s efforts to block importation of prescription drugs. The FDA is helping the pharmaceutical industry and harming Americans who can’t afford to buy the life-saving drugs they need in the US. Allegedly the FDA is trying to keep fentanyl and opioids from being shipped into the US. Really? The FDA found just 33 packages of these controlled substances out of 53,000 it intercepted in 2022.
The quickest way to ensure drug prices in the US are fair and not two to four times higher than what people in other wealthy nations pay is to open our borders to drug imports from verified pharmacies abroad. The pharmaceutical industry uses its considerable influence to prevent drug importation, claiming safety risks.
There are always risks to importing prescription drugs from abroad, just as there are risks to importing food from abroad. But, on a risk benefit analysis, the danger of being harmed from a drug imported abroad–for which there are no reported cases–is far outweighed by the danger of preventing people from getting the drugs they need because they cannot afford them.
If the FDA’s goal is keeping opioids from entering the US, its current strategy of seizing packages with drugs from abroad is misplaced. The data show that few opioids are in the shipments the FDA intercepts. Almost all of the drugs in these seized shipments were prescription drugs people had ordered from abroad for personal use. The FDA confiscated mostly drugs to treat asthma, diabetes, cancer and HIV, as well as a lot of drugs that treat erectile dysfunction.
Still, the FDA continues its efforts, at a huge cost to the health and well-being to the Americans who need the drugs they import. The FDA has the right to confiscate drugs without US labeling or packaging.
While it is technically not legal to import prescription drugs from abroad, millions of Americans do so every year. No one has ever been prosecuted for doing so. What’s particularly interesting is that both Republican and Democratic governors in Florida, Colorado, New Hampshire and New Mexico want to allow drug importation.
The Biden administration has not yet approved state applications to import drugs. It’s unclear why not. Pharma has tried through a lawsuit, and failed, to block this Trump administration initiative.
Why is Congress giving the FDA $10 million to intercept controlled substances from abroad, when the vast majority of the drugs it intercepts are for personal use, to keep people alive? “The nation’s fentanyl import crisis should not be conflated with safe personal drug importation,” argues Gabe Levitt of PharmacyChecker.com. PharmacyChecker.com reports prices from verified pharmacies in dozens of countries for a wide range of drugs.
In December, Congress told the FDA that it should focus on intercepting controlled and counterfeit drugs from abroad and drugs that pose “a significant threat to public health.” That alone is not likely to stop the FDA from confiscating drugs that Americans are importing to treat their cancer, asthma and heart drugs. As Koontz of the FDA said, “Importing drugs from abroad simply for cost savings is not a good enough reason to expose yourself to the additional risks,” he said. “The drug may be fine, but we don’t know, so we assume it is not.”
The FDA claims, based on Pharma-supported congressional testimony, that imported drugs have an eight to ten percent chance of being counterfeit. It’s not at all clear this is accurate. And, based on the evidence, it is not at all accurate when it comes to drugs bought from verified pharmacies around the world. The U.S. Customs and Border Protection data show that it found just 365 counterfeits out of more than 30,000 drugs it inspected in 2022.
So, is it safe to import drugs from verified pharmacies abroad? If you hear ads from the Partnership for Safe Medicines about the dangers of drug importation, ignore them. The Partnership for Safe Medicines is a pharmaceutical industry front group. The ads are paid for by Pharma, whose profits depend on keeping drug importation illegal.
“We have never seen a rash of deaths or harm from prescription drugs that people bring across the border from verified pharmacies, because these are the same drugs that people buy in American pharmacies,” said Alex Lawson, executive director of Social Security Works. “The pharmaceutical industry is using the FDA to protect their price monopoly to keep their prices high.”
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