Biden Administration Fights PhRMA’s Attempt to Halt Imports of Canadian Drugs

The Biden administration has asked a federal court to dismiss a PhRMA lawsuit that seeks to block authorization of a Canadian drug importation plan conducted at the state level.

The administration argues that PhRMA preemptively launched an attack on the HHS rule that allows such importation plans to proceed. State programs “have not yet affected [PhRMA] members in any concrete way and perhaps never will,” according to the motion to dismiss filed May 28 in the U.S. District Court for the District of Columbia by HHS.

Six states — Florida, New Mexico Vermont, Maine, Colorado and New Hampshire — have passed laws to create importation programs that aim to lower costs by procuring cheaper foreign drugs, but the states need the FDA’s approval before they can implement their plans.