West Virginia expands access to OTC cold & allergy medications containing PSE
The Consumer Healthcare Products Association released the following statement today following West Virginia Governor Jim Justice signing Senate Bill (SB) 688 into law. This legislation lifts the annual purchasing limits for common over-the-counter cold and allergy medications containing the ingredient pseudoephedrine.
Previously, West Virginia had imposed annual purchase limits of 48 grams per person for products with PSE, roughly a six-and-one-half month supply. SB 688 amends that policy by increasing the annual limit to 86.4 grams per individual consumer, enabling allergy sufferers in West Virginia to purchase a full 12-month supply of congestion relief medications containing PSE.
“CHPA was pleased to see Governor Justice sign this legislation into law today, making these products more accessible to the West Virginians who rely on them for congestion relief,” said Carlos Gutierrez, vice president of state and local government affairs at CHPA.
Gutierrez added, “OTCs are a core attribute of our healthcare system, providing accessible, affordable, safe and effective solutions. Without them, 82% of people would seek professional medical attention for minor ailments, including allergies, further straining our already overburdened healthcare system. CHPA thanks Governor Justice, Senate Majority Leader Takubo, and Delegate Summers for prioritizing legislation that will not only increase access to the beneficial self-care products West Virginians depend on for relief but will alleviate undue burdens caused by costly and unnecessary doctor visits.”
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"I’m pleased to have sponsored this legislation, which will give West Virginians increased flexibility to care for their allergy symptoms year-round,” said Tom Takubo, West Virginia State Senate Majority Leader. “West Virginia has proven its commitment to combating the illegal diversion of pseudoephedrine through its adoption of NPLEx, ensuring law enforcement and pharmacists on the front lines of this fight have the tools they need to crack down on criminals. With the adoption of today’s legislation, we’re also ensuring law-abiding citizens have better access to the consumer healthcare products they need when they need them, and I applaud Governor Justice for taking swift action to sign this bill into law.”
Thirty eight states across the nation mandate the use of the National Precursor Log Exchange system, which is a real-time, stop-sale technology used by retailers and law enforcement to prevent the illegal sale of PSE to criminals who try to use it in the production of methamphetamine. In 2023, the NPLEx system successfully blocked the illegal sale of nearly 2 million boxes of medicines containing PSE, preventing more than 5 million grams of PSE from getting into the hands of potential criminals. CHPA has been instrumental in advocating for the extension of the NPLEx system in multiple states, including in West Virginia last year where the program was at risk of being sunset, had proactive legislation not been passed to eliminate the sunset provision.
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CHPA said it takes the diversion of its members' medicines very seriously and will continue working with elected officials to ensure states have the necessary tools to combat illegal sales of PSE. "Restricting sales of PSE could burden those who depend on these medicines for relief with unnecessary and costly visits to the doctor. CHPA is committed to advancing solutions that penalize criminals and ensure law-abiding consumers continue to have access to a wide range of treatment options, including nonprescription medicines containing PSE," CHPA said.