Seventh Circuit Review


Approximately half of American consumers take at least one prescription drug a day. However, the United States has significantly higher drug prices than most other countries, and many American consumers struggle to pay for the drugs they need. A legislative response to America’s drug-pricing problem has been slow to transpire, and consumers have turned elsewhere to cut their costs. Some consumers personally import from countries abroad that sell the drugs they need at discounted prices. The drugs these consumers receive may not be of the same quality they expect from drugs bought in the United States, but they are willing to take the chance in order get cheaper drugs—some potentially unsafe drugs are better than no drugs at all. One potential way to decrease costs for consumers would be to allow parallel importation of drugs manufactured abroad to safely enter the United States. However, in its recent decision in United States v. Genendo, the Seventh Circuit interpreted a provision of the Food, Drug and Cosmetic Act in a way that effectively prevents these imports. This Comment discusses the implications of the Seventh Circuit’s decision for the future of drug importation, drug pricing and drug safety.

Included in

Law Commons