Industry Responds To San Francisco's "Take Back Program"
Lawmakers in San Francisco are trying to curb the misuse and environmental threat of unused pharmaceuticals by designing a take-back program which they hope can be funded and designed by drug makers themselves. Representatives from the industry have responded to the bill, calling into question whether it is feasible or constitutional.
SFEnviroment, an environmental agency working in San Francisco, cites the CDC which reports that abuse of prescription medication outstrips both cocaine and heroin combined. Additionally, water treatment facilities are not equipped to filter chemicals from water. Even the smallest amounts of pharmaceutical grade chemicals introduced to water systems can have a disastrous effect on aquatic life.
These concerns informed the drafting of a bill last week which would require drug makers to design and fully fund a “take back program” encouraging the safe drop off of unused medications, which would then be collected and disposed of properly.
The bill specifies that “any person who produces a drug offered for sale in San Francisco to participate in an approved drug stewardship program for the collection and disposal of unwanted drugs from residential sources; to provide for implementation, enforcement, fees, and penalties; and making environmental findings.”
Representatives from BayBio, the Biotechnology Industry Organization (BIO), the Pharmaceutical Research and Manufacturers of America (PhRMA), the Generic Pharmaceutical Association (GPhA), and the Consumer Healthcare Products Association (CHPA) drafted a statement in opposition to the ordinance.
According to the statement, the industry feels like such a program would be redundant in light of existing programs and options which already exist courtesy of the FDA and DEA. A new program would be overly costly for the good that it would do for public safety.
“This ordinance, while seemingly well-intended, would have little impact in protecting patients, safeguarding our environment, or curbing possible abuse associated with unused medications.”
While the industry representatives objected to the terms of the ordinance, they did not object to its goals and expressed a willingness to remain involved in drug disposal education.
The statement concludes, “The drug manufacturing industry will continue to actively work with all relevant stakeholders to educate them on the appropriate use of medicines with the goal of helping to prevent the abuse and misuse of medicines and promote safe disposal practices.”
The Wall Street Journal (WSJ) reports that PhRMA challenged the constitutionality of requiring out-of-state drug distributors to adhere to San Francisco laws, but a federal appeals court has ruled that the ordinance does not “place a substantial burden on interstate business.”
The WSJ has no word yet if PhRMA will seek another appeal.