PhRMA Lays Out Opposition to Drug Importation Rule

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Laying out opposition to an FDA proposed rule on the importation of prescription drugs, Pharmaceutical Research and Manufacturers of America (PhRMA) says “importation is not the solution to lowering patient costs. PhRMA supports fundamental policy changes to achieve solutions that will help patients and produce better and more efficient care. Although the current drug distribution and payment system has constrained overall spending on medicines, the underlying mechanics could work better for patients.”

In its 3/9 comment letter, the trade group says that providing patients with access to negotiated rebates, addressing affordability challenges in patient deductibles, and giving patients information on out-of-pocket costs and healthcare quality would empower consumers and lower out-of-pocket costs.

The 81-page comment letter summarizes and explains these concerns over the proposed rule: 

  •          the proposed importation scheme would jeopardize the health and safety of patients and fail to reduce patient costs;
  •          HHS’ proposed certification and the FDA proposed rule would exceed their authorities under the Federal Food, Drug, and Cosmetic Act and other laws;
  •          the proposed rule raises constitutional concerns and is inconsistent with U.S. treaty obligations;
  •          FDA promulgated the proposed rule without effective statutory authority and failed to adhere to other procedural requirements; and
  •          other aspects of the rule are impermissible or would lead to significant public health risks.

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