Pseudoephedrine (PSE) is a safe and effective active ingredient found in leading cold, allergy, and sinus medicines to provide congestion relief. While over 18 million American families rely on these medicines every year, PSE can also be used in the illegal manufacture of methamphetamine. As a result, some policymakers and law enforcement officials in a number of states support requiring a doctor’s prescription to obtain PSE-containing medicines, even though the vast majority of these medicines are sold to law-abiding consumers.
Preventing Illegal Meth Production
CHPA takes the diversion of its members' medicines very seriously and remains committed to working with elected officials to ensure states have the necessary tools to combat illegal sales of PSE. Mandating prescription-only sale of these common cold medicines, however, would be ineffective and burden those who depend on these medicines for relief with unnecessary and costly visits to the doctor.
The bipartisan federal Combat Meth Epidemic Act strikes the proper policy balance between restricting pseudoephedrine access for illicit use without unduly burdening consumers seeking safe, effective cold relief. Therefore, state legislators should refrain from overriding federal guidelines requiring prescriptions for these legitimate over-the-counter medications.
We submit these comments on behalf of CHPA in response to the proposed rule regarding security requirements for manufacturers, distributors, importers, and exporters of pseudoephedrine, ephedrine, and phenylpropanolamine.
This letter is submitted on behalf of CHPA, FMI, HDMA, and NACDS. The purpose of the letter is to express our united concern that the DEA’s proposed rule is not supported by existing evidence and will impose a significant burden on the regulated industry.
CHPA and its members share DEA's concerns regarding the diversion of pseudoephedrine, ephedrine, and phenylpropanolamine products. However, CHPA does not believe that the notice of proposed rulemaking provides interested parties an adequate record to evaluate and comment upon the security measures DEA now proposes.
These comments are in response to the "interpretive rule" DEA published to provide a "Clarification of the Exemption of Sales by Retail Distributors of Pseudoephedrine and Phenylpropanolamine Products."
The bipartisan federal Combat Meth Epidemic Act strikes the proper policy balance between restricting pseudoephedrine access for illicit use without unduly burdening consumers seeking safe, effective cold relief. Therefore, state legislators should refrain from overriding federal guidelines requiring prescriptions for these legitimate over-the-counter medications.
The Health In Hand Foundation’s mobile-friendly website, HealthInHand.org, provides consumers with easily accessible information and guidance on how to safely use, store, and dispose of self-care products.
CHPA is committed to advancing solutions to illegal sales that penalize criminals and ensure law-abiding consumers continue to have access to a wide range of treatment options, including nonprescription medicines containing PSE.
This Proposed Safety Administrative Order addresses the GRASE status of codeine, codeine phosphate, and codeine sulfate as antitussive active ingredients.
Manufacturers have developed an anti-smurfing educational program for the retail setting that is voluntary and offered to retailers at no cost. The intent is to educate potential illegal purchasers about related criminal penalties and how the real-time, stop-sale system works.
