SENATOR SUSAN COLLINS CALLS ON FDA TO BACK OFF THREATS OF LEGAL ACTION AGAINST CITIZENS TRAVELING TO CANADA FOR PRESCRIPTION DRUGS

WASHINGTON, D.C. – In the wake of news reports that the federal Food and Drug Administration (FDA) is considering bringing legal action against Americans who travel to Canada in search of affordable prescription drugs, Senator Susan Collins has contacted FDA Commissioner Mark B. McClellan to urge him to reconsider such a policy. The Wall Street Journal today reported that in a recent legal opinion, an FDA official issued a warning to third parties that they may be violating the law by helping Americans to buy drugs from Canada. The opinion stated that all parties "who cause a prohibited act" can "be found civilly and criminally liable" under the federal Food, Drug and Cosmetic Act.

"Rather than penalize American citizens who are merely trying to manage the high cost of prescription drugs as best they can, it would be more productive for the FDA to look to a law that already exists: the Medicine Equity and Drug Safety (MEDS) Act," said Senator Collins. "The MEDS Act, if implemented by the FDA, would allow Americans to purchase prescription drugs imported from Canada at their local pharmacies, thereby eliminating the need to travel to Canada."

The MEDS Act, co-sponsored by Senator Collins and enacted into law three years ago – but never implemented – would allow licensed pharmacists and drug distributors in the United States to re-import FDA-approved medicines which are lower in price than those sold in the U.S.

"I would urge the FDA to redirect its energies to work with Americans who need these life-saving prescription drugs rather than against them," the Senator said. "To do otherwise is unfair and unhelpful."

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