Vermont formally files lawsuit over imported drugs

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Vermont formally files lawsuit over imported drugs

August 20, 2004MONTPELIER, Vt. -- Vermont has filed a lawsuit against the federal Food and Drug Administration, claiming the agency's refusal of the state's petition to import cheaper prescription drugs from Canada was "arbitrary and capricious and otherwise unreasonable."By filing the suit Vermont has become the first state to take on the federal government's stance against so-called drug reimportation schemes.In such arrangements, state and local governments set up mechanisms by which people can buy name-brand prescriptions from Canadian pharmacies at prices that are often 40 percent less than they are in the United States."Vermont will not sit back and watch as the cost of health insurance and prescription drugs continues to rise," Gov. James Douglas said in a statement. "Nor are we content to simply ignore the law."Douglas petitioned the Food and Drug Administration for permission to establish a reimportation program for the state's more than 20,000 employees, retirees and their families. The FDA denied the petition earlier this month, and state leaders said in response that they would sue.The lawsuit, filed by Attorney General William Sorrell on Thursday, seeks to overturn the FDA's denial of Vermont's petition, and it calls on the federal government to promulgate regulations and guidance on how states can implement reimportation plans.Douglas has come under fire for his strategy on prescription drugs from his Democratic opponent in this year's gubernatorial race, Burlington Mayor Peter Clavelle.Clavelle earlier this year established a reimportation plan for the city. The plan has so far has attracted fewer than 50 participants, but Clavelle says it is an important step in changing the way Americans pay for prescription drugs. http://www.boston.com/news/local/vermont/articles/2004/08/20/vermont_formally_files_lawsuit_over_imported_drugs/