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Federal Government Acts to Stem Importation of Canadian Drugs

Written By: Attorney Jeffrey A. Marshall, CELA*

Originally Published November 13, 2003

A recent issue of the Elder Care Law Alert discussed the growth in the number of Americans who are purchasing prescription drugs from Canada . That article can be found on our website at www.paelderlaw.com/assessmentlaw.html.

On November 6th, 2003 a federal judge approved a government petition to shut down Rx Depot, one of the firms helping seniors buy drugs from Canadian pharmacies.  U.S. District Judge Claire Eagan granted a request  by the Food and 


Drug Administration to shut down Rx Depot and Rx of Canada, saying the companies were violating a federal law that allows only manufacturers to bring drugs into the country.  Rx Depot says it plans to appeal, but will comply with Judge Eagan’s order unless another court blocks the decision.

It is estimated that between 1 million and 2 million Americans currently buy Canadian drugs through the Internet, through storefront operations like Rx Depot, or by crossing the border.  Savings vary depending on the drug, with some drugs costing over 50% less in Canada. 

In her decision, Judge Eagan wrote that, ``This court is not unsympathetic to the predicament faced by individuals who cannot afford their prescription drugs at U.S. prices.  However, the defendants are able to offer lower prices only because they facilitate illegal activity determined by Congress to harm the public interest.'' The judge suggested that the high price of prescription drugs should be addressed by Congress. (Congress is currently working on a Medicare “reform” package that could include provisions permitting importation of drugs from Canada ). 

In another action intended to deter the importation of less expensive drugs from Canada, the FDA has informed CanaRx Services, which supplies drugs to the city of Springfield, Massachusetts, that its operations are illegal. Springfield hoped to save $9 million by getting drugs for its employees from Canada.  Officials of many other state and local governments, including Illinois, Iowa, Michigan, Wisconsin and New York City, have all expressed interest in using Canadian pharmacies to lower drug costs for state employees and Medicaid patients.

Currently, the FDA does not appear interested in taking any actions to punish individuals who are purchasing drugs from Canada.  The FDA does warn individuals that imported prescription drugs may be unsafe. It contends that seniors should not trust the safety of drugs ordered from Canada.  However, given the substantial savings they can get, it is anticipated that many seniors will continue to purchase drugs from Canada.  As the FDA recognizes, it would be very difficult to prevent people from ordering drugs over the Internet, by phone, fax, or regular mail.

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