Vermont Sues HHS over Drugs from Canada

Vermont filed a lawsuit on Aug. 19 against FDA and the Department of Health & Human Services for their refusal to allow the state to import cheaper prescription drugs from Canada for its employees. Vermont alleges that the federal government decision was "arbitrary, capricious, and otherwise unreasonable." It is the first state to take legal action against the government over this issue. According to the lawsuit, the 2003 Medicare Prescription Drug Improvement & Modernization Act requires HHS to allow pharmacists and wholesalers to import prescription drugs from Canada subject to conditions that safeguard public health. On Aug. 20, FDA responded that HHS Secretary Tommy G. Thompson has not been able to certify that importation would pose no additional risk to the public health and would result in a significant reduction in costs for consumers. An intergovernmental task force is working on a study on drug importation, HHS says.