Online Pharmacy Economics: Extortion at Home, Freedom Abroad?

Americans need and deserve the freedom to buy medications that are safe and affordable. This is not only true as a matter of right and wrong; it’s a public health issue since about 48 million Americans don’t fill prescriptions due to cost. Online pharmacies offer an important outlet for affordable medication. That’s the good news. The bad news is that some Americans are forced to use online pharmacies when they would rather not; and others who need them are discouraged from doing so. What’s going on here?

According to a recent L.A. Times article, “Consumer Confidential: Fewer choices on buying medications,” more and more Americans are being forced by pharmacy benefit managers (PBMs) to purchase their medication through domestic online pharmacies. Traditionally, PBMs acted as middlemen between health insurance companies, drug companies, and pharmacies. The third party relationship between PBM and pharmacy is deteriorating and the online pharmacies being forced upon Americans are often owned and operated by the PBM! This stands in contrast to the international marketplace.

When it comes to buying medication from Canada and other international pharmacies, despite its technical illegality, Americans feel free to choose which online pharmacy they wish to shop from. We write “technically” because, due to its internal policy guidance on enforcement priorities, the FDA does not appear to prosecute individuals for buying foreign, non-controlled medication for their personal use. Still, the FDA discourages Americans from using all non-US online pharmacies, even safe ones.

Independent studies have shown that credentialed international online pharmacies can and do offer a safe shopping experience through which Americans can best afford their medication. This takes the wind out of the sails of safety-related arguments put forward by the pharmaceutical industry — which profits greatly from high American drug prices — against personal drug importation. But there are other criticisms of personal drug importation that have to do with economics.

Foreign pharmacies are cheaper because other governments negotiate with pharmaceutical companies to control drug prices for all their citizens, something the U.S. government does not do.  Thus, personal drug importation is criticized for “importing” drug price controls and spoiling our “free market” in pharmaceuticals. But is our pharmaceutical market truly free?

In the LA Times article mentioned above, Jerry Lacy, who played Humphrey Bogart in “Play it Again Sam,” commented on his actor union’s arrangement with one of the largest PBM’s, Medco, which serves over 65 million people. “It’s like extortion…you do it their way or they won’t pay.” Mr. Lacy drew this conclusion after discovering he could only fill his prescriptions at the pharmacy of his choice twice at the insured (lower) price but then would have to buy from Medco’s online pharmacy or pay full (a higher) price elsewhere.

A letter to the editor by Chief Medical Officer of Express Scripts, another PBM, called “Letters: What Drugs Cost, and Why,” claims that PBM’s do provide choices. Well, maybe somewhat; but this is only partially true because the individual’s choice is not preserved. The employer or insurer chooses the option – not the individual. William Hale, in another letter to the LA Times editor, writes that he had to buy 90-day supplies for his medication from his PBM, even though his doctor would often change medication or dosage before the end of the 90 day supply. As a result, he has hundreds of unused pills and has ended up spending more than he would have if his PBM allowed him to purchase 30-day supplies from his local pharmacy. [For an excellent analysis about the free market for companies but not consumers read: “Inside The Secret World of Drug Company Rebates.”]

With foreign governments negotiating for lower prices in order to reign in government budgets, pharmaceutical companies seek higher profits from higher drug prices in the American “not-so-free” market..The American pharmaceutical market victimizes the millions of American consumers who are forced each year to pay more and more than their foreign counterparts for the same brand name medication or suffer the health consequences due to not taking prescribed medication. One way Americans seek justice is through international online pharmacies.

If considering online personal drug importation or any online pharmacy, experts have advised consumers to avoid online pharmacies that are not credentialed by reputable third parties, such as PharmacyChecker.com or VIPPS. But using common sense, Americans can and do make wise decisions about buying drugs online. For generic drugs, U.S. online pharmacies are often less expensive than non-US online pharmacies. The complete opposite is true for brand name drugs. Due to price competition among international online pharmacies (and of course foreign price controls), Americans can acquire from abroad the same medications sold here at an 80% discount.

By herding more of their members to their own pharmacies obviously PBMs can offer lower prices than local pharmacies; but this price reduction is not due to a “free market.”  The only pharmaceutical market that is meaningful to most Americans is the one that provides them a safe prescription medication at the lowest price. Ironically it is often non-US online pharmacies that offer them such freedom.

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In their blog yesterday, our friends at RxRights.org, an advocacy group dedicated to helping Americans afford needed prescription medication, applauded Senator McCain’s (R-AZ) amendment to the Food and Drug Administration Safety and Innovation Act to greater facilitate safe and legal personal drug importation of prescription medications from verified Canadian pharmacies. Despite Senator McCain’s emphasis on verification and product authenticity, and co-sponsor Al Franken’s (D-MN) statement on this bill’s role in reducing overall healthcare spending, the amendment failed in a 12-9 vote in the Senate Committee on Health, Education, and Labor and Pensions.

Those against the bill cited drug product safety issues and concerns over the anonymity of the internet. Most vociferously, Senator Barbara Mikulski (D-MD) claimed that even with the bill consumers would still not know where there drugs were coming from, failing to recognize or understand that the solution to this problem is written in the amendment, which calls for a verification process that would identify safe online pharmacies. Just such a program was adopted by Kathleen Sebelius, now Secretary of the Department of Health and Human Services, when she was Governor of Kansas.

For more on this vote, please visit RxRights.org.

Click here for a video of the committee hearing. Coverage of the amendment begins at 28:40.

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The main Op-Ed article in today’s New York Times, “The Wrong Way to Stop Fake Drugs,” calls for the legalization of personal drug importation from credentialed international online pharmacies, such as those approved in the PharmacyChecker.com Verification Program. Authored by Roger Bate, a resident scholar at American Enterprise Institute, the central message of the piece is that the technical ban on personal drug importation does not help the fight against counterfeit drugs but does discourage Americans from getting needed medication. We couldn’t agree more.

Dr. Bate offers evidence-based and compassionate approaches to help uninsured/underinsured Americans obtain medication at affordable prices and reduce the threat of counterfeit medication domestically and abroad. For more on this story see today’s press release

For the past year, Americans who buy medication from international online pharmacies have engaged through RxRights.org to help stop government actions that could block their online access to safe and affordable medication. Taking the cue from this latest op-ed, Americans should start asking their leaders to pass legislation directing the FDA to provide accurate information about online pharmacies. At the very least, the FDA should cease its categorical warning against all international online pharmacies for the simple reason that some are very safe and can help more Americans afford needed medications.

We looked at the top five brand name drugs by sales today to highlight the incredible price discrepancies between US pharmacy and international online pharmacy prices.

Price Comparisons for Lipitor, Advair Diskus, Nexium, Abilify, and Plavix

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As reported in DigitalJournal this past Wednesday, at a press conference in Keene, NH, Congressman Ron Paul (TX-14), Republican candidate for president, accused the pharmaceutical industry and the FDA of being in “bed together.” He derided their arrangement, characterized by a revolving door of people repeatedly switching jobs back and forth between the FDA and pharmaceutical industry, as collusion to reduce competition in the pharmaceutical marketplace, resulting in higher drug prices. When it comes to online pharmacies, personal drug importation and drug prices, Congressman Paul’s critique resonates all too loudly.

The pharmaceutical industry, through their main trade association Pharmaceutical Researchers and Manufacturers of America (PhRMA) has lobbied vigorously to keep safe personal drug importation illegal, and to scare Americans away through its media relations juggernaut and funding of the Partnership for Safe Medicine from buying safe and affordable medication online from Canada and other countries. PhRMA even commissioned the publication of a novel about a terrorist conspiracy – The Karasik Conspiracy in which terrorists attack Americans with bad drugs sold from Canada! This effort backfired and they pulled the plug on the publishing company, which then went ahead and published a different version of The Karasik Conspiracy novel in which a pharmaceutical giant poisons medications to protect its profits. (more…)

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HHS Sebelius Keeps Quiet About Her Drug Importation Program As Governor

Kathleen Sebelius, the Secretary of the Department of Health and Human Services (HHS), chaired a panel at the African American Museum in Philadelphia last week to discuss problems of access to affordable healthcare, which included the problem of drug costs in America. It’s noteworthy that Secretary Sebelius conspicuously did not mention that as governor of Kansas she adopted a drug importation program through which residents of Kansas had online access to verified and low-cost international pharmacies.

During the panel discussions, a retired pastor, Delores McCabe, brought focus to the high cost of prescription medication. As reported in the Philadelphia Inquirer:

 There has got to be something we can do above the Affordable Care Act that does something about an industry that is immoral,” [McCabe] said, drawing applause from the crowd. “It is immoral and unethical to charge people to stay alive.

In her response, Sebelius urged McCabe and the others to voice their opinions to their elected officials. She mentioned that strides have been taken to bring down costs during her time with the Obama administration, such as plugging the Medicare drug plan doughnut hold with 50% discounts and the passage of the Affordable Care Act through which more Americans will have healthcare insurance (and therefore lower drug costs). She also mentioned that as Governor of Kansas she was able to negotiate drug prices for Medicaid but that such negotiations for Medicare are illegal under federal law.

We wonder, however, why she omitted the fact that as governor she authorized the creation of a state website so Kansas residents could access verified international pharmacies offering safe and affordable prescription drugs from Canada and other countries. Apparently, what was once politically popular, helping Americans personally import safe and affordable prescription medication, appears less so. Unfortunately, its lack of political popularity has probably resulted in fewer Americans getting the medication they need. Hopefully this election season will shine a bright light on the plight of Americans and their inability to afford medication in the United States and all the effective solutions to the problem, politically popular or not.

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PhRMA Criticizes Obama’s New Budget For Requiring More Rebates on Prescription Drugs

“President Obama just released next year’s budget proposal and it has already sparked fierce criticism from the pharmaceutical industry. That’s because the plan would require Big Pharma to give an additional $156 billion in drug rebates over the next decade.” 
 
This news comes from RxRight.org’s latest blog post, entitled Big Pharma balks at President’s proposed budget. Not surprisingly, as articulated by its president, John Castellani, the Pharmaceutical Research and Manufacturers of America is against the rebates and other reforms found in Obama’s budget. One point championed by Mr. Castellani as a reason to criticize President Obama is that the “Medicare Part D is working well for seniors.” While Part D has certainly helped many seniors afford needed medication, the RxRights post, and empirical data, show that millions of seniors still struggle to afford necessary, and sometimes life-saving, prescription drugs because of costs – despite Medicare Part D drugs plans. 
 
In fact, the failure of Medicare Part D is one reason that reputable international online pharmacies remain a lifeline for Medicare enrollees. It appears if Obama’s budget is approved, without changes to his prescription drug rebate requests, then more Americans will forgo the international option in favor of domestic pharmacies. 
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Candidate Rick Santorum Defends High Drug Prices In America

During a recent campaign appearance in front of a Tea Party crowd, as reported by ABC News, Republican presidential candidate Rick Santorum told a mother and her sick son that high drug costs are fair because they are determined by free market forces. It appears that Mr. Santorum doesn’t understand the crisis of prescription drug prices and that the market is failing to price prescription drugs within reach for 10s of millions of Americans.

According to ABC News, “Santorum told a large Tea Party crowd here that he sympathized with the boy’s case, but he also believed in the marketplace,” and that companies wouldn’t be making the life-saving drugs if they didn’t believe they would turn a profit doing so. The former senator from Pennsylvania seemed to be lecturing the American people when he said: “People have no problem paying $900 for an iPad…but paying $900 for a drug they have a problem with — it keeps you alive. Why? Because you’ve been conditioned to think health care is something you can get without having to pay for it.” (more…)

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Congressional Online Piracy Legislation Faces Tidal Wave of Opposition

Americans, who struggle with the high cost of prescription medication and buy prescription drugs from safe non-U.S. online pharmacies, should include their voice in the swelling opposition to the Stop Online Piracy Act (SOPA) before Congress.

SOPA and its counterpart legislation in the Senate, the Protect Intellectual Property Act (PIPA), target reputable international online pharmacies, including those approved by PharmacyChecker.com, and seek to block access by Americans to safe and affordable prescription medication. These bills, if made into law, could be used to designate legitimate foreign online pharmacies as “dangers to the public health” and subject them to being blocked from the Internet as well as from appearing in search results and accepting credit card payments. 

Access to medication is just one part of the legislation, which also focuses on protecting copyrights. There is good reason to clamp down on online pirates and counterfeiters.  However,  as currently proposed, SOPA tramples on the U.S. Constitution, encourages censorship, stifles innovation, and even subverts our foreign policy efforts to encourage other governments to allow their citizens uncensored Internet access! For a fuller understanding of the access to affordable medicines issues at stake, please read: “SOPA will have grave effects on the health of hundreds of thousands of Americans”.

If you go to PharmacyChecker.com today, you’ll find that we’ve joined the huge opposition to SOPA by encouraging Americans to take action against this damaging legislation. You can protest SOPA now by contacting your elected officials from RxRight.org.

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Our blog was created on behalf of the American consumer, to inform Americans, and the larger community interested in public health, about issues relating to personal drug importation, online pharmacies and drug prices. The three issues are inextricably linked; Americans are able to personally import prescription drugs from safe online pharmacies at affordable drug prices. This has helped millions of Americans, most without health insurance and, or, pharmacy benefits, afford needed medication. In fact, many Americans personally import safe medication that they would otherwise go without if their only options were U.S. pharmacies. Stopping them from doing so would be unacceptable, unethical, and a threat to the public health, and yet we find that is precisely the outcome for 2012 sought by the pharmaceutical and U.S. pharmacy industries.

Under U.S. law it is, in most circumstances, illegal to personally import prescription medication. For over a decade now, Americans have nonetheless taken matters into their own hands by acquiring the non-controlled medication they need outside the United States; and the U.S. Food and Drug Administration has, for the most part, not stopped them. Throughout this period, the pharmaceutical industry has vigorously lobbied against personal drug importation to combat the price competition it brings, which means greater drug affordability for Americans but lower profits for pharmaceutical companies and sometimes U.S. pharmacies.

And their efforts have flourished. Over the past couple of years we have closely followed political, legislative and pharmaceutical industry initiatives to overhaul the status quo by bringing  an end to online access to affordable medication. At the crux of these anti-consumer efforts is their communications strategy of deceptively attempting to link safe international online pharmacies, which require a valid prescription, with rogue online pharmacies that sell dangerous medication and don’t require a prescription, as if they operate a single black market in deadly counterfeit drugs that needs shutting down. Through these efforts, they have scared Americans away from safe and affordable medication, but their final goal is actually stopping the trade all together.

While there are safe online pharmacies, domestic and foreign, there is a real danger of counterfeit and deadly drugs sold throughout the world, including the United States’ own supply, and through rogue online pharmacies, so let’s attack the true dangers! However, it is neither morally defensible nor necessary to prevent Americans from online access to safe international online pharmacies that sell genuine and affordable medication, often at an 80% discount.  

How loudly must we remind our leaders of the government’s own dire statistics? Twenty-five million Americans couldn’t afford to fill their prescription in 2009 (U.S. Centers for Disease Control and Prevention). Even worse, the Commonwealth Fund’s findings show that 48 million Americans did not fill a prescription in 2010 due to cost, a 66% increase in non-adherence since 2001 (see RxSOS). When people don’t take their medicine they can get sick and even die – and the reality is that too often they do.

Safe international online pharmacies may not be the long term solution to the emergency gripping the country in which so many go without needed medication due to cost, but for now such sites provide a lifeline for approximately one million Americans each year. Cutting that lifeline poses a danger to the public health and is just plain wrong.

In 2012 we hope our elected officials and policy-makers will have the courage to stop federal and legislative actions, mostly pushed by the pharmaceutical industry that would block online access to safe and affordable medication. Such leaders are desperately needed now by the tens of millions of Americans who can’t afford prescription drugs in the United States.  

To help protect online access to safe and affordable medication we encourage Americans to join and work with RxRights.org, a non-profit organization dedicated to this cause.

Wishing You A Healthy and Happy New Year.

Gabriel Levit
Vice President
PharmacyChecker.com

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Death Penalty Medication Imported; Safe Prescription Drugs Banned – A Poor Prescription for American

EU FlagAlthough the U.S. technically bans the personal importation of affordable and safe drugs that help people stay or get healthy (for example Merck’s asthma medication Singulair, sold in other countries for a fraction of the price found in U.S. pharmacies, is not technically FDA-approved due to different packaging), we waive our drug importation laws when it comes to European Union-produced sodium thiopental – a non-FDA-approved version, for lethal injections.

Sodium thiopental is a required sedative in U.S. executions, and earlier this year the only U.S. manufacturer ceased producing it. For this reason, we now rely on EU imports – a practice that is getting more and more difficult, as export controls have been strengthened on their end because our EU allies oppose the death penalty.

We find it sad and ironic that our government facilitates the importation of a drug used for executions, regardless of one’s position on the death penalty, but refuses to loosen restrictions on personal importation for drugs that help Americans live.

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