Trump Admin. Expands Efforts To Keep Opioids Out Of US

By Kevin Stawicki
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Law360 (November 2, 2020, 9:46 PM EST) -- The U.S. Food and Drug Administration said Friday that it's broadening its efforts to crack down on illicit opioids like fentanyl from entering the country at international mail facilities through a new partnership with two other federal agencies. 

The FDA announced that it reached agreements with the U.S. Customs and Border Protection and the U.S. Immigration and Customs Enforcement to increase inspections at international mail facilities for illegal drugs, medical devices and supplements. 

By collaborating more closely with the CBP and ICE, FDA Commissioner Stephen M. Hahn said the government will be able to more effectively ensure that more illicit goods are seized.

"Americans must have confidence that the products they receive are reliable and fully comply with U.S. laws," Hahn said in a statement. "We remain committed to using all tools and authorities available and leveraging our strong relationship with our federal partners to help stop the illegal flow of counterfeit and unapproved medical products into our country."

Acting CBP Commissioner Mark A. Morgan said that the international mail facilities are a major hub for smugglers, a problem that has only continued to increase with more complex logistics. 

"This has become more challenging for law enforcement as volumes have skyrocketed, and because of e-commerce and rapid shipping logistics," Morgan said in a statement. "This partnership with FDA and ICE will ensure a whole-of-government approach that will provide additional resources and tools to disrupt these dangerous drugs from reaching our communities."

Under the memorandum of understanding agreement announced Friday, the agencies said they would change the way they exchange information and develop new enforcement strategies.

The FDA said it blocked over 35,000 illegal drugs at the international mail facilities in 2019, and over 17,000 of those products were destroyed. In 2020, the agency said it destroyed over 24,000 illegal drugs.

Dealing with the issue of illicit drugs entering the U.S. has been a national priority as the opioid crisis hit a fever pitch this year, with trials set to begin concerning who's responsible for rampant addiction in communities across the nation. 

Friday's partnership is also important given the coronavirus pandemic, in which new types of illegal products like disinfectants are becoming a top concern for federal officials, especially when many of those products that aren't approved by the U.S. government may be ineffective in the fight against COVID-19. 

Other agencies have been working on the problem, with the U.S. Environmental Protection Agency recently engaging in talks with major online retail platforms like eBay to crack down on illegal disinfectant products. The EPA and the CBP recently said they seized more than 7,800 illegal products coming through international mail facilities at the main airports in Los Angeles and San Francisco from Japan and Hong Kong. 

--Additional reporting by Emily Field. Editing by Steven Edelstone.

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