The U.S. House and Senate have approved bills to legalize
the reimportation of U.S.-manufactured prescription drugs
from Canada and elsewhere. Heres a case of Congress
doing something right for the wrong reason.
Its right because the U.S. government has no
business telling the American people what they may and
may not buy from people living outside the country.
Thats called freedom, something earlier Americans
actually understood and valued.
But the motivation for the congressional action
demonstrates a shameful ignorance of economic liberty,
economic theory, and government intervention. According
to the findings of H.R. 2427, Americans
unjustly pay up to 1000 percent more to fill their
prescriptions than consumers in other countries.
Unjustly? How do the authors figure that? Their response
would be that since drug prices are lower in, say,
Canada, only injustice can explain why prices are higher
in the United States.
But that isnt the whole story. Drug companies own
the drugs. They spend lots of money developing them. So
they have the right to sell them at whatever price they
wish. Thats also called freedom.
There is a qualification to be made in this matter.
Patent laws prohibit independent developers of existing
drugs, or something similar, to compete with
patent-holders. Thats protectionist government
intervention. If members of Congress really wanted
cheaper drugs, theyd repeal the patent laws and all
the other interventions that make drugs artificially
expensive, such as the Food and Drug Administration (FDA)
and subsidies that increase demand. (Without patents,
entrepreneurs would earn profits figuring out ways to
protect intellectual property.)
But with an exception or two, members of Congress
arent interested in freedom. They are interested in
votes, which is why their only solution is
reimportation.
Theres a simple reason that some, though not all,
drugs are cheaper in Canada. The Canadian government sets
maximum drug prices, which is what many members of
Congress would like to do here. Anyone familiar with
basic economics knows that price ceilings discourage
suppliers from bringing products to market. This would be
especially true with pharmaceuticals, which are so
expensive to develop. Why would anyone make that
investment if the law deliberately kept prices below what
the market would set? The result would be a halt in the
creation of life-saving drugs.
If thats so, why do American companies export drugs
to the price-controlled Canadian market? They do so
because the government there sets prices enough above
marginal cost to make exports worthwhile. In America the
companies can freely set prices (inflated by patents) and
recover the immense development costs. Then they can
produce additional pills and sell them for a bit more
than it costs to produce them. The slight profit in
Canada is sufficient only because America does
not have price controls.
Note the irony. If America had Canadian-style price
controls, neither Americans nor Canadians would be
getting cheap modern drugs. Canada exploits our freer
market.
Heres another irony. The House bills
findings also state, Allowing open
pharmaceutical markets could save American consumers at
least $635 billion of their own money each year.
But if Canada had an open market, there would be
no H.R. 2427. The market would set prices in
both places, perhaps lower than current U.S. prices
because development costs would be spread over more
people.
Economics isnt everything, of course. Morality is
important too. The people who invent and market drugs are
not our slaves. They have the same right to freedom as
the rest of us. If they all decided to quit and go
fishing, we would have no right to stop them even
if it meant doing without life-saving drugs. And if they
have no obligation to make drugs for us, they surely have
no obligation to give them away or sell them at prices
set by pandering politicians who couldnt
invent a life-saving drug, well, if their lives depended
on it.
But we need those drugs, dont we? Yes, we do
which is precisely why we should respect the freedom of
those who make them possible. Scrap the patents,
government subsidies, prescriptions, and the FDA. But
stop looking to Canada with envy. When Canadian
socialized medicine threatens the health of Canadians
they come here. Where will we go when if we adopt their
system?
Sheldon Richman is senior fellow at The Future of Freedom Foundation, author of Tethered Citizens: Time to Repeal the Welfare State, and editor of Ideas on Liberty magazine. Send him email.
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