Posted At Baltimore Sun
Montgomery County filed a lawsuit today against the Food and Drug Administration, claiming the agency unfairly barred it from importing lower cost prescription drugs from Canada for its employees.
In October, County Executive Douglas M. Duncan asked the FDA for a waiver of federal law that set strict limits on the importation of drugs from abroad. The county council had already passed a law calling for Canadian drug imports, but Duncan said he wouldn't implement it without resolving the legal questions.The FDA rebuffed Duncan's waiver request in November, saying it couldn't vouch for the safety of foreign drugs. It also pointed to a similar Vermont lawsuit over a waiver that was denied by a federal judge.
Shortly afterward, Duncan said he planned to sue the FDA, which is headquartered in Rockville, the Montgomery County seat. The lawsuit names both the FDA and its parent agency, the Department of Health and Human Services.
It claims the FDA allows other municipalities and states to import drugs without acting to shut down the programs. In the past, FDA has issued warning letters but has not taken legal action.
"It can only be concluded that the FDA has determined that the importation of drugs from Canada does not expose the American public to an unacceptable level of risk," the lawsuit states.
Rae Jones, an FDA spokeswoman, would not comment on the case, but said the agency stands by its November letter to Duncan. She also said residents worried about the high cost of prescription drugs can buy cheaper and safe generic drugs.
