[Congressional Record Volume 152, Number 133 (Wednesday, December 6, 2006)]
[House]
[Pages H8761-H8762]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEXTROMETHORPHAN DISTRIBUTION ACT OF 2006
Mr. DEAL of Georgia. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 5280) to amend the Federal Food, Drug, and Cosmetic
Act with respect to the distribution of the drug dextromethorphan, and
for other purposes, as amended.
The Clerk read as follows:
H.R. 5280
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dextromethorphan
Distribution Act of 2006''.
SEC. 2. FOOD AND DRUG ADMINISTRATION; RESTRICTIONS ON
DISTRIBUTION OF DEXTROMETHORPHAN.
(a) In General.--Subchapter A of chapter V of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is
amended by inserting after section 503A the following:
``SEC. 503B. RESTRICTIONS ON DISTRIBUTION OF
DEXTROMETHORPHAN.
``(a) In General.--Not later than one year after the date
of the enactment of the Dextromethorphan Distribution Act of
2006, the Secretary shall issue a final rule to prohibit the
distribution of unfinished dextromethorphan to any person
other than a person registered under section 510, subject to
subsection (b).
``(b) Further Restrictions.--Subsection (a) does not
restrict the authority of the Secretary under section 201.122
of title 21, Code of Federal Regulations.
``(c) Unfinished Dextromethorphan.--For purposes of this
section, the term ``unfinished dextromethorphan'' means
dextromethorphan that is not contained in a drug that is in
finished dosage form.''.
(b) Enforcement.--Section 301 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331) is amended by adding at the
end the following:
``(ii) The distribution of unfinished dextromethorphan in
violation of regulations under section 503B.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Georgia (Mr. Deal) and the gentleman from New Jersey (Mr. Pallone) each
will control 20 minutes.
The Chair recognizes the gentleman from Georgia.
General Leave
Mr. DEAL of Georgia. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise their
remarks on this legislation and to insert extraneous material on the
bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
Mr. DEAL of Georgia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am pleased today to rise in favor of H.R. 5280, and I
would like to thank Mr. Upton of Michigan and Mr. Larsen of Washington
for their work on this important legislation. Dextromethorphan, or DXM
as it is sometimes called, is an ingredient found in cough medicine.
This ingredient relieves the coughing associated with a cold or the
flu. Cough medicines containing this drug are common and can be
obtained without a prescription.
While this drug is safe and effective, it is also dangerous if too
much is taken. Reports have shown that some segments of the population,
particularly young people, will take large amounts of this medicine in
an attempt to absorb large amounts of DXM in order to get high. The
abuse of this drug can cause death as well as other serious adverse
effects such as brain damage, seizures, loss of consciousness, and
irregular heartbeat.
The Food and Drug Administration has warned of the rise in the abuse
of DXM, and the bill before us here today is an attempt to stem this
abuse.
H.R. 5280 would allow the Secretary of Health and Human Services to
prohibit the distribution of DXM that is in bulk form to any person not
registered with the FDA. It is hoped that these restrictions on the
distribution of DXM will lower the potential for its abuse, while at
the same time protecting the public health.
Mr. Speaker, I would urge the Members to support this legislation,
and I would reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I rise in support of H.R. 5280, the
Dextromethorphan Distribution Act of 2006, a bill that would authorize
the FDA to restrict the distribution of dex to registered producers of
drugs and devices in order to protect the public health.
We know it is cold and flu season, and throughout our Nation
pharmacies and convenience store shelves are stocked with over-the-
counter medicines containing dex. Dex is an active ingredient in many
over-the-counter OTC cough and cold medications. When used as directed,
dex has proven to be an effective cough suppressant. Unfortunately, an
alarming number of Americans, particularly teenagers, are abusing a
variety of prescription over-the-counter OTC medications to get high,
including those containing dex. Efforts to keep dex out of the hands of
minors have proved difficult. Over-the-counter medicines containing dex
are easy to find, easy to afford, and perfectly legal to possess. H.R.
5280 attempts to curb dex's misuse and abuse by restricting its access
to registered producers of drugs and devices and providing the FDA with
statutory tools to keep dex out of the hands of young people. This
legislation is aimed at preventing drug dealers from purchasing dex
wholesale and selling over the Internet and on the streets to young
people seeking a cheap high.
Mr. Speaker, this bill is merely one step. Parents and guardians must
continue the often difficult task of talking with our young people
about drug misuse and abuse. Even if your child does
[[Page H8762]]
not abuse dex, odds suggest they know someone who does. And I am glad
to know that H.R. 5280 has the support of key stakeholder groups,
including the American Pharmacist Association, the Partnership for a
Drug Free America, the Consumer Health Products Association, and the
Association for Addiction Counselors. I want to acknowledge our
colleagues, particularly Mr. Upton and Mr. Larsen, for their fine work
on this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. DEAL of Georgia. Mr. Speaker, I am pleased to yield 5 minutes to
the author of the legislation, Mr. Upton.
The SPEAKER pro tempore. The gentleman from Michigan is recognized
for 5 minutes.
Mr. UPTON. Thank you, Mr. Speaker, and I thank my chairman, Mr. Deal,
as well. Particularly, I want to thank Chairman Barton and his staff; I
want to thank the Republican leadership and their staff for getting
this bill to the floor so quickly. I also want to thank my Democratic
cosponsor, Mr. Larsen, who I know is rushing to the floor to speak, and
I know that in his district I am told that he has I think lost five
individuals because of this.
Mr. Speaker, H.R. 5280 is a simple bill to ban the Internet sale of a
drug called dextromethorphan, also known as DXM.
DXM is an excellent ingredient for a lot of cough syrups that are on
the market and when used properly there is no danger. And I know that
because I have a company in my district that makes this, and that same
company came to me earlier this summer and said, we have a problem that
we think you ought to be alerted to. And that is what this bill does.
There are some folks that are out there that are absolutely
determined to sell this ingredient in its dry bulk form on the
Internet. Sadly, kids are buying it. They are mixing it with alcohol to
get high. In a massive dose, the drug can raise the blood pressure,
lead to seizure or collapse into a coma and die, as we have seen in Mr.
Larsen's district and other places around the country. In fact, in the
last 2 years we know that there have been at least five deaths directly
attributed to this abuse.
The companies and the pharmacists that work with this ingredient on a
regular basis don't want it to become the next meth. We have worked on
that; we don't want another one. And they know that there is absolutely
no reason to have this bulk ingredient outside of the regular channels
for drug manufacturing. And that is why, as was said by Mr. Pallone, it
is endorsed by the American Pharmacist Association, the Consumer Health
Care Products Association, which is the generic drug manufacturers, the
Food Marketing Institute, the National Association of Chain Drug
Stores, and obviously the Partnership for a Drug Free America.
{time} 1115
This bill allows the FDA to promulgate the rule on the sale of
unfinished powder or bulk DXM. It limits the distribution of DXM to
only those persons who are a valid part of the drug industry.
This bill, I think, will cut off the supply of pure DXM to those who
sell it as a street drug or plan to use it to get high themselves. We
need to pass this bill.
Sadly, kids are under the false impression that getting high off this
is harmless because it is simply an ingredient in cough syrup. Nothing
could be further from the truth. Our kids are playing Russian roulette
each time they get high on DXM. Sooner or later somebody is going to
die. We have seen it happen. Enough is enough. We need to end it.
I am pleased that we have had so many here in just the last 2 days
coming into the office. Yesterday local CBS national radio talked about
this as a terrible case that is plaguing many parts of America. Today I
think it was on the Today show that they talked about this. We are
acting quickly. We have recognized the problem and we are acting
quickly. We need to pass this bill today and have the Senate adopt it
as well.
Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentleman from
Washington (Mr. Larsen).
Mr. LARSEN of Washington. Mr. Speaker, I rise in strong support of
the Dextromethorphan Destruction Act.
DXM is a major ingredient in many over-the-counter cold medicines and
is perfectly safe when used correctly. However, when taken in large
amounts in its powdered form, it can cause hallucinations, brain
damage, seizures and even death. DXM is not available to the public in
its pure powder form but can be obtained.
Unfortunately, as our Nation's kids search for ways to get high, they
have begun abusing both cough syrup and pure DXM purchased over the
Internet. As the parent of two young boys, I am concerned about the
growing number of teens consuming unfinished DXM. According for the
Partnership for Drug-Free America, one out of 11 teenagers used cough
medicines to get high last year. Substance abuse experts have noticed
sporadic reports of teens intentionally obtaining unfinished DXM to get
high by consuming large amounts of powder or mixing it with other drugs
or alcohol.
In April 2005, two teenagers in my district overdosed on DXM they had
purchased online and died. The investigation of their deaths showed
that the teenagers had ordered the drug over the Internet from two men
in Indiana who had set up shop in their garage. Three other kids from
Florida and Virginia also died from overdosing on DXM they had ordered
from the same two men.
This is a simple piece of legislation that requires anyone who
purchases bulk DXM to be registered with the FDA. This legislation is
commonsense legislation. The only people who should be buying DXM in
bulk are those who manufacture cough and cold medicines. We must
protect our kids from a new form of drug dealer, dealers, men like
these folks in Indiana who decided they could make money by selling DXM
to the two teens in my district.
This legislation send a strong message to individuals who are legally
distributing DXM to our teenagers for recreational use. I urge my
colleagues to vote ``yes'' for this simple, commonsense legislation
that will keep our kids safer.
I also want to thank the gentleman from Michigan (Mr. Upton) for his
work in drafting this bill and making sure that it made it here to the
floor today.
Mr. PALLONE. Mr. Speaker, I yield back the balance of my time.
Mr. DEAL of Georgia. Mr. Speaker, I urge adoption, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Georgia (Mr. Deal) that the House suspend the rules and
pass the bill, H.R. 5280, as amended.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the bill, as
amended, was passed.
A motion to reconsider was laid on the table.
____________________