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Won’t drug companies just prevent drug importation by shutting down the drug supply or by making changes to the drug (such as a change in color or place of manufacture) to render it unapproved?

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Won’t drug companies just prevent drug importation by shutting down the drug supply or by making changes to the drug (such as a change in color or place of manufacture) to render it unapproved?

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We know that Pfizer, Glaxo Smith Kline, Eli Lilly and others are already shutting off supply of drugs to those in Canada that export drugs to American consumers. Such tactics will be an unfair and discriminatory practice under our bill, subject to treble damages. Treble damages should deter such behavior by the drug companies. In addition, the bipartisan bill requires drug companies to tell FDA if the drugs they distribute overseas are the same as or different than the FDA–approved drugs they distribute domestically. Most likely, foreign drugs will be the same, but when they are different or when the drug companies change their foreign drugs to thwart importation, FDA is given the authority to review and approve those differences.

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