Avastin case helps usher counterfeit, stolen drug bills through US Senate

A bill seeking much tougher penalties for those involved in the counterfeit medicines trade was passed by the US Senate earlier this week.

The Counterfeit Drug Penalty Enhancement Act (S.1886) will increase penalties for trafficking counterfeit drugs to reflect the severity of the crime and the harm to the public, said Sen. Michael Bennett, who co-sponsored the bill with Sens. Patrick Leahy and Chuck Grassley and others.

The proposed legislation would increase the maximum prison sentence for medicine counterfeiting to 20 years for individual first-time offenders, and increase the maximum fine that can be imposed on them to $4m. Repeat offenders would be liable for fines up to $8m, while institutions found guilty of trafficking could be fined $10m for a first offense and $20m for repeat offences.

The bill still needs to be passed by the US House of Representatives if it is to become law.

"As we have seen most recently with counterfeits of the cancer drug Avastin, counterfeit pharmaceutical drugs are putting … Americans at risk, and I'm glad to see the Senate respond to this very real threat," said Bennett.

While it is currently illegal to introduce counterfeit drugs into interstate commerce, the penalties are no different than those for the trafficking of other products, such as electronics or clothing.

"Right now, the penalties for producing a fake company logo on a bottle of counterfeit drugs are more severe than they are for actually making and selling a counterfeit drug," said Bennett.

"We can help prevent these drugs from reaching hospitals, pharmacies and consumers by giving law enforcement the tools they need to crack down on these crimes and creating a universal system to track these drugs through the supply and distribution chains."

The bill has the backing of the American Association of Retired Persons (AARP), the Alliance for Safe Online Pharmacies (ASOP), and the National Association of Chain Drugs Stores (NACDS).

The CDPEA is one of a series of proposals being sponsored by Bennett in a bid to shore up the security of the US medicine supply chain.

Theft bill also passes

Also passed (yesterday) was the Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhanced Safety or SAFE DOSES Act (S.1002), which would prevent stolen medical products and prescription drugs from entering the black market by cracking down on the theft of medical product cargo and increasing penalties for pharmacy robbery.

Bennett has also tabled the Drug Safety and Accountability Act (S.1584), which aims to strengthen quality standards for pharmaceutical manufacturers and their contractors, improve the oversight of overseas manufacturing sites, and give the FDA authority to order recalls of potentially dangerous drugs.