Date: 2012-06-26
Speaker: JACKSON LEE (democrat)
Chamber: H
State: Texas

Madam Speaker. I rise today in support of H.R. 4223. the "Safe Doses Act of 2012" which amends Title 18. United States Code. to prohibit theft of medical products. and for other purposes. More specifically. this bill will prohibit theft of preretail products such as drugs. medical devices and infant formula. Likewise. it forbids one from alternating labels of preretail medical products. transporting stolen or counterfeit medical products and purchasing or distributing expired medical products with the intent to deceive others and passing such products off as authentic. Due to the increased activity in counterfeit drugs it is critical that Congress lay down harsher parameters so that potential criminals are faced with more deterrents should they consider participating in such behavior. As a Representative from Houston. Texas. it is of grave concern that consumers and law enforcement officials are protected given the proximity of Texas to the Mexican border. It is not inconceivable that crime syndicates operating on both sides could cause significant problems by stealing drugs and selling them in Mexico. The theft of large scale medical products has become a growing concern. thus. this legislation aims to toughen the penalties for individuals who place thousands of lives in danger by stealing large quantities of medical products and reintroducing such products in the legitimate supply chain including pharmacies and hospitals. This bill is encouraged by pharmaceutical companies after instances of fraud appeared within the industry. According to an FDA affidavit. in 2009. a truck containing over 120.000 vials of insulin was stolen in North Carolina. After being improperly stored the product was illegally resold into distribution by wholesalers reaching medical centers in many other states including my state of Texas. While some diabetic patients reported the drugs after usage and noticing poor blood sugar control. the actual amount of innocent people who received the spoiled product in pharmacies in 17 states is unknown. It was determined that the insulin was purchased from a national distribution company only one day after the medication was reported stolen. While some arrests were made in relation to this incident. over 125.000 vials of insulin were never located. Incidents such as these are ones which this bill is intended to prevent. Serious public health and safety implications arise based on the improper care of medical products which may be both ineffective and harmful to unsuspecting patients. Currently. Title 18 of the United States Code sets forth penalties of a fine and/or imprisonment of no more than 10 years for involvement in such crimes. While I am not quick to increase sentences. keeping one imprisoned after they have served their time. I am of the belief that consumers purchasing medicine should be able to do so with the confidence that what they are paying for is real and safe. Thus those criminals that take actions to threaten the life of another by engaging in the transportation of counterfeit drugs should be locked up. Despite the lack of evidence supporting the contention that offenders are less likely to engage in such deviant behavior once they are aware of federal laws increasing fines and longer penalties. I support this bipartisan measure to help ensure that our everyday Americans in need of medication are not falling prey to criminals intending to defraud them of necessary medical products.