On April 12, 2019, the US Food and Drug Administration (FDA) posted on its website an Overview of the SUPPORT Act Provisions Related to Imports. The SUPPORT (Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment [SUPPORT] for Patients and Communities) Act was enacted on October 24, 2018. The overview states that:

This new law grants FDA additional import authorities that FDA believes will meaningfully advance efforts to stop illegal and unsafe drugs from being imported into the United States. For example, the SUPPORT Act includes:

  • Improvements to the infrastructure and resources of International Mail Facilities (IMFs);
  • Authority to treat an FDA-regulated article as a drug if that article contains an active ingredient that is found in an FDA-approved drug or licensed biologic, and the ingredient presents a significant public health concern;
  • Authority for FDA to debar people who have been convicted of a felony involving illegal importation of drugs or controlled substances, or who have engaged in a pattern of illegally importing controlled substances or certain adulterated or misbranded drugs; and
  • Authority for FDA to treat any imported drugs as illegal from a person who has engaged in a pattern of importing adulterated or misbranded drugs if the shipments are from the same manufacturer, distributor, or importer.