President Obama Signs Counterfeit Drug Bill Into Law

July 9, 2012

On July 9, 2012, President Obama signed into law S. 3187, the Food and Drug Administration Safety and Innovation Act.  The Act incorporates several of the legislative recommendations from the Administration's White Paper on Intellectual Property Enforcement Legislative Recommendations.

The Act enhances penalties under Title 18 for trafficking in counterfeit drugs and directs the U.S. Sentencing Commission to review and amend, if appropriate, its guidelines and policy statements related to offenses that involve counterfeit drugs. It allows the FDA to require that companies notify the Agency if their drug has been counterfeited or stolen. In addition, the Act allows the FDA to destroy, without the opportunity to export, counterfeit drugs distributed in small packages (valued at $2,500 or less).

The White House press release is available here.