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Court Rejects PhRMA Lawsuit Over Canadian Drug Importation

February 9, 2023

A federal court has rejected a lawsuit from the Pharmaceutical Research and Manufacturers of America (PhRMA) filed against HHS that would seek to block states from importing prescription drugs from Canada.

At issue is the HHS plan to allow individual states to import costly medications from Canada as a way to lower the price of prescription drugs for seniors. 

In a Feb. 6 ruling, Judge Timothy J. Kelly in the District Court for the District of Columbia dismissed PhRMA’s complaint for lack of standing, noting that “no organization, nor any of their members, faces a concrete risk of harm from the inchoate importation program, as is required when suing.”

But PhRMA said its “concerns with the legality of the 2020 drug importation final rule remain unaddressed by the judge’s decision,” as well as the industry group’s belief that the rule threatens public health.

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