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Due Process Exercised to Obtain Personally Imported Medicine

As announced on the Prescription Justice Blog, a person recently exercised their right to defend a prescription drug import that the FDA had detained and she won the case. The drug, Arthrotec, is available for sale at U.S. pharmacies. However, according to the patient, the drug was not affordable here in the U.S. This example shows the FDA exercising its enforcement discretion to permit medicine imports where the patient cited lower costs as the reason for the importation.

If personal drug importation is illegal under most circumstances, then what is behind this“right” to argue with the FDA?

It’s pretty straightforward:

U.S. law that affects personal prescription drug importation explicitly prevents the FDA from destroying a patient’s prescription drug import without “due process” to defend that order. That comes from Section 708of the Food and Drug Administration Safety and Innovation Act of 2012. The purpose of that law was to make it easier, ironically, for the FDA to refuse and destroy imported medicines for personal use. That can be helpful if the drugs are counterfeit or adulterated, but harmful if they are from licensed pharmacies and the patient importing them can’t afford them here—such as the case noted here.

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50+ Healthcare Providers Identify PharmacyChecker as Resource to Help Patients

Doctor PatientMore than 50 health professionals signed a letter addressed to President Donald Trump, members of Congress and the U.S. Food and Drug Administration (FDA) asking that we expressly permit personal prescription drug importation. The letter comes along the ever-swelling wave of patient and provider outrage against Congress’ and the president’s failure to act on drug prices, a result of the Big Pharma/U.S. politician relationship, which is only growing cozier.

The letter states:

“Our patients, who have purchased medications through the help of pharmacy storefronts or international online pharmacies verified by PharmacyChecker.com, have received safe and effective medications from legitimate pharmacies in Canada and several other countries. We respect that the FDA is charged with protecting our nation’s medicine supply from counterfeit and otherwise substandard drugs. However, there is no logical reason why the FDA should interfere with the delivery of safe and effective medications to our patients.”

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Coalition of Non-Profit Groups Show Support for Americans Who Import Medication for Personal Use

Getting some prescription justice

This week, the group Prescription Justice sent a letter to Congress (House and Senate) signed by prominent non-profit activist and policy organizations – and PharmacyChecker.com (we were the only company!) – that clearly recognizes the lifeline of personal drug importation and the role that safe international online pharmacies play. The focus of the letter is support for the Affordable and Safe Prescription Drug Importation Act of 2017, which would help expand lawful options for importing lower cost medication, through retail and wholesale commerce. I wrote about this drug importation legislation a couple of months ago.

Too frequently I read articles in support or against drug importation that both drive me nuts. You’d think that I love the former and hate the latter but that’s not the case. I’m often equally annoyed when the authors either don’t know or care to write about the reality of prescription drug importation where people just go online, order their medication from Canada or another country, send in their valid prescriptions and get it by mail. As the letter iterates:

“Despite the federal restrictions, millions of Americans already import life-saving medications for their own use. While this practice can be done safely through properly credentialed international online pharmacies, it poses a real danger to patient safety because of rogue Internet drug sellers.”

And that’s why PharmacyChecker.com does what we do: verify and identify the safest international online options, educate and warn about rogue pharmacies, and get vocal about it. While the drug companies are obscenely powerful and are spending through the teeth to create anti-importation op-eds and reports, and giving members of Congress lots of money, the truth is a pretty powerful adversary as well. And importing medication from a licensed pharmacy in Canada (and many other countries) is, in the real world of facts, safe. (more…)

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