WASHINGTON, Feb. 26 (UPI) -- The difficult irony for many seniors and patients is that drugs exported from the United States cannot legally be reimported, but the temptation to do so is considerable when other countries are selling them at drastically lower prices.
A growing contingent of seniors and patients in financial crunches are considering options like mail ordering their prescription drugs from Canadian Web sites where they are available for sometimes one-fifth of the price.
Ray and Gaylee Andrews of suburban Chicago, both 74, are shouldering prescription drug bills that have forced them to keep part-time jobs. They are the first plaintiffs in a class action lawsuit filed against the U.S. Department of Health and Human Services.
The governor of Illinois is backing the lawsuit and announced Thursday the initiation of the Andrews' legal action to allow the importation of prescription drugs from Canada.
"We are asking the court to tell the Food and Drug Administration to respect people's rights to make their own medical decisions," said Gov. Rod Blagojevich.
The lawsuit, filed in a District of Columbia federal district court, asserts that the federal law outlawing importation of drugs from foreign countries violates the Fifth Amendment right to privacy by denying citizens freedom to make their own medical decisions.
"It's incongruous -- with a wink and a nod from the FDA, people could mail-order drugs, but at the same time they could be subject to felony prosecution," said Robert A. Clifford, the Andrews' attorney.
George S. Bellas, a counselor for the plaintiff, told United Press International he only knew of one instance of a Canadian mail-order customer receiving a felony charge after importing drugs.
The Andrews, who spend $800 a month on seven brand-name drugs used to alleviate symptoms of arthritis, diabetes, and emphysema, would save an average of 43 percent if they were to order drugs from Canada. Many of the drugs the Andrews use are available in Canada at a 30- to 80-percent lower cost.
"We thought we would be spending our golden years with our children, grandchildren, and great-grandchildren, but instead we have to keep part-time jobs to supplement the costs of our drug bills," said Gaylee Andrews. "We don't want to leave this legacy to our grandchildren."
The FDA contends that Americans deserve access to drugs that are safe, effective and affordable, but that unregulated importation endangers American lives.
"These Web sites are not under any regulatory umbrella," William Hubbard, FDA's associate commissioner for policy and planning, told United Press International. "Their drugs could have come from a U.S. company, but they also could be expired, counterfeit, or manufactured in a developing country."
In November 2003, the FDA brought a lawsuit against Rx Depot, a widely used Web-based company that sold cheaper prescription drugs from Canada. The judge granted the FDA's request to shut down the Internet site.
While the FDA opposes the importation of drugs, Hubbard acknowledged that the agency is looking into what it would take to certify the cheaper, Canadian drugs as safe and the impact certification would have on manufacturing in the United States.
"It's very unfair that people without health insurance are put in the position where they have to take risks by ordering from these Web sites," Hubbard said. "We are conducting a big study on this issue."
