House Passes Drug Import Bill

Fate In Senate Doubtful

July 25, 2003
In a powerful rebuke to both the drug industry and the White House, the House voted 243 to 186 to allow Americans to export prescription drugs from Canada and Europe, but the measure is likely to run into trouble in the Senate, where more than half of Senators oppose it.

"We did this against an army of 600-plus lobbyists and millions of dollars of misinformation," said Rep. Jo Ann Emerson (R-Mo.). The final vote came shortly before 3 a.m. as supporters from across the political spectrum defied party leadership to vote for the bill.

The Food and Drug Administration (FDA) and the drug industry oppose the measure, saying they cannot guarantee the safety of imported medicines. A GAO report said that the Canadian drug market is so small that increased U.S. demands on it would probably result in sharply increased prices.

The National Coalition of Consumer Organizations (NCCO) called it "the biggest consumer victory of the year in the House."

The Alliance for Retired Americans also praised the House action. Edward F. Coyle, executive director, called it a significant step to ensure that all Americans have better access to affordable prescription drugs."

The House bill would require the FDA to set up a system that would enable consumers, pharmacies and wholesalers to import medicines from FDA-approved facilities overseas. The FDA opposes the measure and says it could not ensure the safety of drugs from foreign lands.

Prominent Senators, including Orrin Hatch (R-Utah) and Edward Kennedy (D-Mass.) oppose the measure and have said they will vote against it in the Senate. They objected to the House's removal of a provision in the Senate bill that requires the Secretary of HHS to certify that the imported drugs "pose no additional risk."

The Senators who signed a letter vowing to vote against the House bill said it "would not be prudent" to remove that provision.

The House vote was both emotional and symbolic. Even if the measure does not survive intact, many Representatives can tell their consitutents they took a stand against high drug prices.

"The issue is price. It is time that this Congress stop acting as a wholly-owned subsidiary of the pharmaceutical companies and step up to its responsibilities to the consumers of this nation," said Rep. Rosa DeLauro (D-Conn.) during the House debate.

Lobbying was intense. The Center for Responsive Politics said its analysis found that lawmkers who voted against the measure had received, on average, three times as much in campaign contributions from drug makers as those who voted for it.