Legislation Protecting Prescription Drug Imports Passes House

Press Release

Legislation Protecting Prescription Drug Imports Passes House

Blocking prescription drug importation through U.S. trade agreements will no longer be possible

Today, U.S. Representatives Gil Gutknecht (MN), Anne Northup (KY), Rosa DeLauro (CT), Rahm Emanuel (IL), Jo Ann Emerson (MO) and Bernard Sanders (VT) and U.S. Senators David Vitter (LA) and Byron Dorgan (ND), and applauded the House passage of the fiscal year 2006 Science, State, Justice, Commerce Appropriations bill which includes language that prevents the United States Trade Representative from including provisions in future trade agreements that would block prescription drug importation.

Language has been included in previous free trade agreements which provide special protections to the pharmaceutical industry by making it a violation for the U.S. Congress to pass importation legislation. Amendments offered by Northup and Senator Stabenow (D-MI) to the annual spending bill provide that future trade agreements may not include this language. Both amendments passed and the provision was adopted in the final conference report. Senator Vitter introduced the stand-alone bill on the Senate side on July 28th.

"Americans in need of affordable prescriptions should not be barred from lower-priced medications by the fine-print in trade agreements," said Northup. "Now that allowing Americans to buy safe, FDA-approved medication from abroad is gaining steam in Congress, opponents have been forced to look for more creative road blocks."

On July 28, 2005, Congresswoman Northup introduced a stand-alone bill, "Protecting Free Trade in Pharmaceuticals Act of 2005," based on her amendment to the FY-06 Science, State, Justice, Commerce Appropriations bill. The past three U.S. trade agreements (Australia, Singapore, and Morocco) included language that would bar Americans from purchasing medications from those countries, even if the U.S. legalizes prescription drug importation; if Congress passes legislation to legalize drug imports, the U.S. would then be in violation of those trade agreements.

"I congratulate Representative Northup for her tireless efforts in getting this provision included in the FY06 Science, State, Justice, and Commerce Appropriations bill" said Congressman Gil Gutknecht. This sends an unmistakable message to the folks at PhRMA. Their days of dictating the terms and conditions of our trade agreements are over."

"This is a big win in our continuing battle to lower prescriptions drugs for all Americans. By removing this obstruction created by the pharmaceutical companies and their army of lobbyists, we are one step closer to greater access to safe and cheaper prescription drugs," said U.S. Senator David Vitter.

Congressman Rahm Emanuel said, "This amendment is a victory in our fight to import safe and affordable prescription drugs. By blocking the Administration's backdoor approach to ban importation, we are helping every American get access to affordable prescription drugs at the prices they deserve."

"Together, we are stopping drug companies from abusing the trade negotiation process - another step toward making reimportation a reality and bringing down skyrocketing drugs costs for the American people once and for all." "That is the fair thing to do - it is the right thing to do. And with prescription drug prices skyrocketing by 20 percent annually, this is a victory for the American people," Said Congresswoman Rosa DeLauro.

Rep. Bernard Sanders said, "The passage of this bill is critical in preventing the Administration from negotiating even more trade agreements that ban the reimportation of safe, affordable prescription drugs from well-regulated countries. Without this language the President would continue to try to kill access to these medicines by Americans who are forced to pay two to ten times more for exactly the same products. The overwhelming support for this provision sends a strong message to President Bush and the Congressional leadership that the American people want to be able to buy safe, affordable medicines from countries like Canada.

Congresswoman Jo Ann Emerson said "It is a sad irony that America's Free Trade Agreements actually serve as barriers to free trade when it comes to prescription medicines. Thanks to Rep. Northup's persistent advocacy on this issue, we now have legal language expressly forbidding drug companies from placing language in trade agreements to maintain their privileged access to the world pharmaceutical markets."

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