Should the FDA Have More Power to Seize Imports of Controlled Substances? (H.R. 5752)

What is H.R. 5752?

(Updated November 28, 2018)

This bill would strengthen the Food and Drug Administration’s (FDA) authority to seize, detain, refuse, or destroy imports of drugs that are under development and considered controlled substances. Individuals or companies found to have violated this bill’s provisions would face fines and debarment by the FDA — meaning they’d be prohibited from providing services to a person or entity that has an approved or pending drug application.

Argument in favor

This commonsense bill would make it easier for the FDA to seize illegal shipments of drugs that aren’t yet approved for medical use and punish those who skirt the law.

Argument opposed

The FDA shouldn’t have the power to seize or destroy imported drugs that it hasn’t approved for medical use or to debar individuals and companies who break the law.

Impact

Individuals and companies importing drugs in violation of this bill; and the FDA.

Cost of H.R. 5752

The CBO estimates that enacting this bill would generate an insignificant increase in revenue.

Additional Info

In-Depth: Introduced by Rep. Marsha Blackburn (R-TN), this bill passed the House Energy & Commerce Committee on a voice vote. It has the support of two Republican cosponsors.

Media:

• Rep. Bob Latta (R-OH) Press Release
  
• CBO Cost Estimate