Reimportation of Prescription Drugs - Legislative, Executive, Judicial and State and Local Responses

Abstract

The expensive cost of prescription drugs has become a high-profile issue in the United States, challenging the government and policy-makers to create a solution that addresses all the factors involved in this issue. Creating a solution is not an easy task, as the factors are all important and valid, ranging from quality and safety, the need for innovative new prescription drugs, and individual access to necessary medications. Many individuals and entities view the reimportation of prescription drugs as the solution to this problem, despite its current illegality. As a result, these individuals and entities have not only challenged its current illegality but have actually engaged in the illegal behavior. This, combined with the need to deal with the problem of exorbitant prescription drug prices, has prompted responses by all branches of the government, from the legislature, to the executive through administrative agencies, and even to the judiciary. Additionally, individual states have also responded, though not all uniformly. This paper tracks the statutory history of reimportation and examines the responses these entities have recently taken with regard to reimportation.