Congress Gives FDA Authority To Destroy Counterfeit Devices Found In Imports
Safeguarding Therapeutics Act, approved by the House in September and by the Senate on 8 December, targets the proliferation of shipments into the US containing fake testing kits, cures and vaccines that claim to address coronavirus, some available OTC.
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FDA's finding fraudulent Covid-19 test kits, but if they've been imported, say Energy and Commerce members, existing regulations preclude destroying the products. The committee says that “when these counterfeit medical devices, including tests, are imported [FDA] must either store it or ship it back.”
Tax-policy provision in Coronavirus Aid, Relief and Economic Security Act, which the Finance Committee calls Congress’ phase 3 coronavirus response, would change current language in Internal Revenue Service rules for HSAs, FSAs, Archer medical savings accounts and other health reimbursement arrangements to allow directly buying OTC drugs and would extend the categories of covered products to include tampons and other menstrual care products.
Several US House members are backing a new piece of legislation that would give the US Food and Drug Administration the authority to destroy counterfeit devices when they arrive at points of entry into the country. A Johnson & Johnson executive who specializes in global brand protection provided dramatic testimony before a House health panel on 29 January on the need for the anti-counterfeiting bill.