The Trump administration announced at the end of July that it will develop rules for pilot projects and demonstration programs that import prescription drugs from Canada wholesale. The administration has determined, in keeping with widespread opinion, that drugs made outside the U.S. are safe, that they can be brought here securely, and that wholesale drug importation is consistent with the overall goal of making the prescription drug market more competitive. Prescription drug importation could be particularly important for public health agencies by allowing them to stretch their resources further.
What the Current Law Allows
Federal law permits wholesale prescription drug importation but requires the Secretary of the U.S. Department of Health and Human Services (HHS) to certify to Congress that an importation program will provide significant savings and not put the public at greater health risk than our current global drug-supply system.
There are limitations to the existing law, which was written before the U.S. prescription drug supply system was truly a global operation. Biologic products, which include vaccines and insulins, cannot be imported, nor can narcotics, including suboxone and methadone for substance use disorder. From a public health spending perspective, these exclusions limit savings. The law also allows importation of drugs only from Canada. These constraints represent a serious limitation on the ability to import drugs.
Importation and Public Health Spending
Current law does, however, permit the importation of prescription medications critical to public health. In particular, these include HIV drugs like Truvada for PrEP, hepatitis C treatments, and long-acting reversible contraceptives, like intrauterine devices (IUDs). The cost of certain drugs, like hepatitis C treatment Mavyret, are lower in the United States, but others are substantially less expensive in other countries.