Florida sues FDA over drug importation plan

Florida Gov. Ron DeSantis is accusing the FDA of delaying approval for the state health agency's proposal to import cheaper drugs from Canada, according to a lawsuit filed Aug. 31. 

The case is based on legislation passed in June 2019, known as the Canadian Prescription Drug Importation Program, which needs the FDA's approval before it can be implemented. Since November 2020, the proposal has been pending and the agency "declined to provide any timeline for future actions," according to court documents.

The FDA did not immediately respond to Becker's request for comment on the case or when the agency expects to make a decision on the proposal.  

Florida has funneled more than $24 million into the program, which the state government expects to annually save Florida $150 million, the lawsuit says. 

"The lack of transparency by the Biden administration during the approval process, and failure to provide records on the importation proposal, is costing Floridians who are facing rising prices across the board due to inflation," Mr. DeSantis said in an Aug. 31 news release. "Florida is confident in our importation model, and we continue to look for more ways to lower drug costs for Floridians while the FDA delays approval of this importation proposal."

President Joe Biden signed an executive order July 9, 2021, and instructed the FDA to allow for the U.S. to import safe, cheaper drugs from Canada. For more than a year, the agency failed to respond to the executive order, according to the lawsuit. 

"This has been sitting on someone's desk for well over 600 days," Simone Marstiller, secretary for Florida's Health Care Administration Agency, said in a statement. "This is not what government is supposed to do."

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