FDA Says Proposed Drug Import Guidance ‘Unwarranted’

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FDA has denied as unwarranted a 3/1/2024 petition submitted by Aimed Alliance asking that the agency issue a guidance with an interpretation and a clear position statement about drug importation activities conducted by alternative funding programs. Specifically, the petition said the proposed guidance should address:

  • whether third-party companies that partner with employer-sponsored health plans can legally require employees to import their prescription drugs from outside the U.S.; and
  • whether third-party companies that partner with employer-sponsored health plans can import prescription drugs on behalf of customers enrolled in an alternative funding program.

The petition also asked that the proposed guidance include “an explanation of the existing reporting pathways available for individuals and organizations to promptly notify FDA of instances where entities engage in such practices.”

The denial letter says FDA shares the concern about risks posed by unapproved new drugs and misbranded drugs. It notes all the information the agency makes available in various ways about human drug importation, and says that in light of that information, “it would not be an efficient use of FDA’s limited resources to issue the guidance proposed in the petition….”

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