| Vermont sues fda for blocking canadian drugs { August 12 2004 } Original Source Link: (May no longer be active) http://www.boston.com/business/articles/2004/08/12/vermont_to_sue_fda_over_drug_imports/http://www.boston.com/business/articles/2004/08/12/vermont_to_sue_fda_over_drug_imports/
Vermont to sue FDA over drug imports By Bloomberg News | August 12, 2004
BURLINGTON, Vt. -- Vermont is poised to become the first state to sue the Food and Drug Administration after the agency rejected a plan to import cheaper prescription drugs from Canada.
Vermont, which borders Canada and is the second-smallest state, with about 616,000 residents, said it learned Monday that the FDA had turned down its request for a pilot drug-import program. That prompted Governor Jim Douglas, a 53-year-old Republican who is seeking reelection this November, on Tuesday to say the state will fight the FDA decision in court.
''Vermont presented a legal and responsible plan to import prescription drugs," Douglas said in a statement. ''The claims on which they've based this denial are, in our view, unsubstantiated and we have no choice but to pursue any and all legal remedies."
Americans illegally purchased $1 billion in medicines from Canada last year. US lawmakers are considering bills to make the purchases legal, under pressure from consumer groups and states. The FDA, which has said it can't ensure the safety of imported drugs, has not enforced the ban on individual purchases.
Pfizer Inc., the world's largest drug maker, and other pharmaceutical companies have questioned the safety of imported drugs and said the practice would encourage counterfeiting and cut profits needed to develop new medicines.
Vermont plans to file its lawsuit this week against the FDA in federal court, Douglas spokesman Jason Gibbs said. He said the suit will challenge the FDA's grounds for denial, saying that the safety concerns are unsubstantiated and the FDA misused its authority.
The FDA can't comment on details of the case because the lawsuit hasn't been filed, said Bill Hubbard, assistant commissioner for policy and planning.
Hubbard also said he spoke with Vermont officials months ago about their request before issuing the official rejection.
''We explained orally to them the concerns. They expressed that there was a lot of public pressure up there," Hubbard said. ''People in New England are used to going to Canada and buying things. There was no surprise here."
Douglas's Democratic challenger, Peter Clavelle, is the 55-year-old mayor of Burlington, Vermont's largest city. It is among a handful of US cities that have begun a drug-importation program for city employees.
No states have taken similar steps, though Illinois also sought a waiver for drug imports that was rejected by the FDA, according to Vermont's Gibbs. Minnesota, New Hampshire, and Wisconsin have established websites with Internet links to Canadian pharmacies, so consumers can buy drugs on their own. Gibbs said Vermont is studying New Hampshire's program.
© Copyright 2004 The New York Times Company
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