Because attempts at common sense law reform have so far been unsuccessful, many millions of dollars worth of discount prescription drugs purchased from discount online pharmacy are entering the country each year under the FDA's current Mail and Personal Use Import Policy. This policy was first introduced in1988 in response to concerns that certain potentially effective AIDS treatments were available in other countries and not in the U.S. While it was never intended to be a way for patients to bring discount prescription drugs into the country it has led to a dramatic increase in drug imports for personal use from international online pharmacies.

The policy lets patients bring a small amount (i.e. a 90 day supply) of non-FDA approved drugs into the country. Under the policy drugs cannot be imported commercially (i.e.for resale) and patients must affirm in writing that the drug is for personal use.


However the FDA admits that because of the huge volume of imports now being sent to the U.S. by international online pharmacies, it is now beyond the ability of Customs and FDA staff to process them. They acknowledge that because of their limited resources it is extremely difficult to detain and refuse entry to mail imports for personal use as they are required to contact anyone importing these personal use shipments in a timely fashion, and give the addressee the opportunity to respond and provide reasons why the drug parcel should be allowed entry. If the addressee does not respond or gives an inadequate response, the parcel must then be returned to the exporter. The time, cost and storage facilities required to follow this procedure are simply not available to FDA officials.