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The state alleges the federal agency violated the Freedom of Information Act. The revised lawsuit includes allegations that the FDA did not properly respond to a records request submitted in May.
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The judge issued an order granting the FDA's request for a stay and noting that a trial is scheduled in November.
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The state has filed another lawsuit alleging that the FDA violated the Freedom of Information Act by not properly responding to a request for records about Florida’s attempt to get approval for its proposal.
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Colorado, New Hampshire and New Mexico are also seeking federal permission to import cost-lowering prescription drugs from Canada. President Joe Biden endorsed the approach in his 2020 campaign but has yet to approve any state plan.
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The lawsuit, filed in federal court in Tampa, came after AHCA Secretary Simone Marstiller submitted a Freedom of Information Act request seeking numerous records about importation proposals by Florida and other states.
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The governor's order requires state agencies to review contracts with pharmacy benefit managers to ensure that costs are justified. He also expressed disappointment over the FDA's delay in approving Canadian drug imports.
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The Trump’ administration approved a rule in 2020 to help clear the way, but groups including the Pharmaceutical Research & Manufacturers of America launched a legal challenge that remains unresolved.
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The state, which continues to wait for FDA approval, expects to import drugs to treat asthma, COPD, diabetes, hepatitis C, HIV and AIDS, and mental health conditions.
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At Gov. Ron DeSantis' direction, AHCA files a friend-of-the-court brief siding with the federal government in a lawsuit filed by a pharmaceutical industry group.
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Gov. Ron DeSantis said importing prescription drugs through a Canadian wholesaler could save Floridians between $80 million and $150 million a year.