The Free Press, Mankato, MN

Local News

August 26, 2006

Customs seizes Canadian meds

Confiscation a bitter pill for Madison Lake man

MADISON LAKE — Maurice Hardie isn’t a criminal.

He lives a quiet, retired life in Madison Lake, with his wife, Dorit, taking care of a lush back yard. Doing a little grilling. Visiting with friends.

So when he got an ominous letter from Homeland Security and the U.S. Customs and Border Protection, he was surprised and a little worried.

Hardie, the feds said, was involved in illegal prescription drug transactions.

“I take the responsibility of buying my medication myself, with my own money. My doctors give me a legal prescription. Why should they interfere with me?” wonders Hardie.

The 70-year-old retired long-haul trucker is one of tens of thousands of Americans swept up in a Customs crackdown that is causing outrage in Congress.

Like millions of Americans, Hardie buys prescription drugs by mail from Canadian pharmacies, which sell them for prices far below those in the United States.

While buying the drugs is in most cases illegal, the government has for the most part ignored individuals buying small amounts of prescriptions from Canada.

That changed last month when Customs began seizing boxes of pills headed to America and sending warning letters to their intended recipients.

Customs, and the Food and Drug Administration, say they are doing it to protect Americans from potentially unsafe drugs.

But critics, including many in Congress, say the drugs — often made in the United States — are safe. They say senior citizens are being harassed simply to protect U.S. drug makers' sales at high domestic prices.

“It’s ridiculous,” said Jon Yarian, press secretary for U.S. Rep. Gil Gutknecht, R.-1st. Dist. “The congressman has always advocated that there is no reason drugs should be seized.”

Gutknecht was one of several members to write to Customs and Border Protection complaining of the practice.

Hardie has been buying the cholesterol-reducing Lipitor from a pharmacy in Winnipeg since 2000.

He gets six months worth of the medication for $180, far less than the $800 he says it would cost locally. Canada’s national health-care system negotiates cheaper drug prices than in the U.S.

Hardie said it makes sense to buy cheaper drugs.

“We’re retired and on Social Security. We’re on limited income and we can’t get more money anywhere,” he said. “Everyone wants a bargain, right? That’s why you go to Wal Mart. Canada’s my Wal Mart for drugs.”

The letter from Customs advised Hardie it is illegal to import prescription drugs for personal use and says that if Hardie does nothing, the drugs will be destroyed in 30 days. But Hardie took the option of appealing the seizure, sending a form letter back to Customs. The letter said appeals will be forwarded to the Food and Drug Administration for a final ruling.

Hardie said he has enough Lipitor for about a week. “They’re interfering with my health,” he said of the Customs’ seizure.

Hardie said he never knew importing drugs with a doctor’s prescription was illegal and he thinks the drug companies are simply trying to harass the Canadian pharmacies.

Indeed, even many states, including Minnesota, have set up Web sites allowing residents to connect with Canadian pharmacies to buy low-cost prescription drugs. The states argue they can legally promote the imports even though the FDA has said the practice is illegal.

The number of seized drug packages has reached nearly 40,000, angering some members of Congress who have been deluged by complaints from constituents.

Earlier this month, the Senate voted 68-32 to approve an amendment to the Homeland Security appropriations bill that would bar Customs from using federal funds to seize prescription drugs imported by individuals from Canada. The House passed a similar amendment in May.

However, it remains unclear whether the amendment will make it into law. Drug-industry lobbyists are expected to push to scrap it when the bill goes to conference.

The Bush administration and Republican congressional leaders have supported the drug industry's stance against Canadian imports.

Yarian said Gutknecht supported the amendment to end the border seizures and hopes the provision isn’t stripped from the bill in conference.

Gutknecht sponsored legislation passed by the House that would explicitly legalize the re-importation of prescription drugs from Canada. “Unfortunately, it never went anywhere in the Senate,” Yarian said.

Hardie says he can’t understand why his government would bother him when he’s taken responsibility for his own health and financial well being.

“I’ve got nursing home insurance, I got health insurance, I pay for my own drugs from a doctor’s legal prescription. I don’t understand why they want to bother me.”

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