Final Rule, Guidance Issue on Drug Importation

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In an abrupt break from decades of prior policy, FDA and HHS announced late 9/24 a final rule that allows FDA-authorized programs to import certain prescription drugs from Canada if specific conditions to ensure the importation poses no additional risk to public health and safety. A final guidance describes procedures for drug manufacturers to import prescription drugs and biologics if they are “FDA-approved, manufactured abroad, authorized for sale in any foreign country, and originally intended for sale in that foreign country,” an agency release says. The rule finalizes a 12/23/19 proposal in the Federal Register that received 1,200 comments.

 

“The rule allows states (including the District of Columbia and territories), Indian tribes and — in certain future circumstances — pharmacists and wholesalers, to submit importation program proposals to the FDA for review and authorization,” FDA says. “An importation program can be co-sponsored by a state, Indian tribe, pharmacist or wholesaler. Referred to as Section 804 Importation Programs, these programs will be managed by the respective sponsor and any co-sponsors and authorized by the FDA to facilitate the importation of certain prescription drugs that are approved in Canada and, with appropriate labeling, meet the conditions of an FDA-approved drug application.”

 

Eligible drugs would have to be relabeled with required U.S. labeling and “undergo testing for authenticity, degradation and to ensure that the drugs meet established specifications and standards,” FDA says. “These programs will also have to demonstrate significant cost reductions of the covered products to the American consumer.”

 

The final guidance also describes procedures for a drug manufacturer to obtain a National Drug Code (NDC) for eligible products that were originally manufactured and intended for sale in the foreign country. “The use of an additional NDC for these products may allow greater flexibility for drug companies to offer these products at a lower price than what their current distribution contracts require,” FDA says.

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