'No Timeline' for Biden Administration to Make Decision on Allowing Canadian Drug Imports, DOJ Says

The Biden administration doesn't have a timeline for its decision on whether to allow states to import drugs from Canada, according to a May 28 memo supporting a motion to dismiss a challenge in the U.S. District Court for the District of Columbia. Pharmaceutical Research and Manufacturers of America had challenged President Donald Trump's administration for allowing states to bring in Canadian drugs as a measure to control costs. The memo said that because no specific program has been authorized for imports, the plaintiffs “cannot establish any actual injury” relating to the presidential decision (Pharmaceutical Research & Manufacturers of America, et al. v. U.S. Department of Health and Human Services, et al., D.D.C. #20-03402).

“Although two proposals have been submitted to FDA, no timeline exists for the agency to make a decision,” the memo said. “Thus, the possible future injuries to Plaintiffs’ members are overly speculative and not imminent, involving an attenuated chain of possibilities with independent third-parties and discretionary decisions of various government actors.” Six states -- Florida, Colorado, Maine, New Hampshire, New Mexico and Vermont -- have passed laws to start programs to import Canadian drugs, Kaiser Health News reported May 28. However, various concerns plague the process, including the Canadian government's concerns about drug shortages and PhRMA worries over the safety of the imported drugs.