Drug Importation: Biden Response To PhRMA Suit Highlights Infeasibility Of Trump-Era Rule

Biden administration asks court to dismiss PhRMA’s lawsuit against Trump-era pathway for drug importation from Canada because FDA has not yet cleared any Section 804 Importation Programs (SIPs). The brief outlines the high hurdles to getting a SIP approved and Canada’s opposition to the programs. It's not clear if the Biden team plans another more feasible route to drug importation.

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Biden court filing indicates states will have to jump through a lot of hoops to get an importation plan approved • Source: Cultura Creative RF / Alamy Stock Photo

The drug industry’s lawsuit against a Trump-era US Department of Health and Human Services’ final rule permitting importation of certain lower-priced drugs from Canada is not yet ripe for judicial review and should be dismissed, Biden officials argued in a new court filing that raises questions about whether industry may ever have any reason to fear the rule.

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