QUESTION: I take some very expensive medications which cost me a lot of money even after my health insurance kicks in. My co-pay for Brilinta costs $418.54 for a month worth of pills and my Farxiga is $365 per month. However, I have a significantly cheaper way of obtaining it. I can have my American doctor call the prescription in to a Canadian pharmacy and the pharmacy can ask a Canadian doctor to review the prescription. After the review, the pharmacy can then ship it to me here in the USA. The price for buying the medications in Canada in this manner is only $122.89 for the Brilinta and only $99.76 for the Farxiga. I have my doubts as to whether this is permitted, because it is likely that the Canadian pharmacy has an agreement with its Canadian drug wholesaler not to sell the drugs back to the USA, and I am now the cause of them to lie and break that agreement. Are my doubts warranted?
ANSWER: There are likely three issues here to be examined. Firstly, is it a violation of Federal Drug and Administration (FDA) laws for an American to buy drugs that are not FDA approved? Our research shows that it is not. Secondly, is it a violation of US Customs law to bring these drugs into the USA from Canada? Our research shows that it depends on the class of drugs – these two drugs are legal to mail because they are not considered to be narcotics.
Thirdly, are you allowed to purchase something from a gentile (in this case, the Canadian pharmacy) and be the cause of a violation of its sales agreement which likely says that it cannot be sold to the USA? The answer depends on whether we consider it to be a Mekach Ta’us (an invalid sale). It may be considered a Mekach Ta’us because it was sold to the Canadian pharmacy by the Canadian drug wholesaler and the Canadian pharmacy broke the conditions of the sale by selling it back to the USA. If it is considered to be a Mekach Ta’us, then you would be forbidden from buying it from the Canadian pharmacy, because now the Brilinta and the Farxiga was never sold legitimately to the Canadian pharmacy and they are in possession of it illegally. Therefore, when you buy it from them, you are essentially buying a stolen good.
However, we do not believe this to be a Mekach Ta’us for the following reason: The drug manufacturer knows that a portion of the drugs that they sell in Canada are going to make their way back to the USA and it would be too much time and money for them to stop those sales. Accordingly, they are Mochel (forgive) those sales, and therefore the sale to the Canadian pharmacy is a legitimate sale and therefore, when you buy the drugs from the Canadian pharmacy, you are not buying a stolen good. As such, you would be permitted to obtain these drugs from Canada.
