Toronto Star

Blind spot in drug ingredient testing

Hundreds of pharmaceut­ical plants that export to Canada haven’t been inspected by regulators

- JESSE MCLEAN AND DAVID BRUSER STAFF REPORTERS

Health Canada allows drug ingredient­s into the country from hundreds of pharmaceut­ical facilities that have not been inspected by a regulator, an ongoing Star investigat­ion has found.

Instead, nearly 300 foreign drug facilities have been inspected only by them- selves or hired consultant­s.

Drug ingredient­s made overseas are then imported and used to make medication­s sold in Canada. Poorly made drug ingredient­s have been linked to side effects and deaths, Health Canada has said.

The regulatory blind spot means a swath of the pharmaceut­ical industry is in charge of policing the quality of its own products.

“It’s a huge conflict of interest when a company chooses its own inspector to test whether a product is safe and a factory is clean,” said Amir Attaran, a University of Ottawa law professor who researches drug regulation­s.

“The companies are playing to profit and win and Health Canada is letting them hire their own referees for the game.”

Health Canada said it has been assessing the compliance of these ingredient-making facilities and will soon issue a “stakeholde­r communicat­ion” to the

“It’s a huge conflict of interest when a company chooses its own inspector to test whether a product is safe and a factory is clean.” AMIR ATTARAN UNIVERSITY OF OTTAWA

drug industry, but did not offer specifics.

There are roughly 2,000 facilities around the world exporting to Canada active pharmaceut­ical ingredient­s, which are used by manufactur­ers here to make everything from antibiotic­s to popular heart medication­s.

Health Canada inspects only about 10 foreign drug facilities a year. So, Canada relies heavily on other health regulators to visit hundreds of other plants in person.

Not every foreign plant has been inspected by a regulator, nor does it need to be under Health Canada’s developing regulation­s.

As of early June, only 286 foreign facilities have been subjected to what Health Canada calls “corporate (internal) or consultant (third party) audits.”

Using these audits, Canadian drug companies attest that the products they are importing were made at a foreign facility that was up to code. Health Canada takes their “attestatio­n” as proof the foreign plant is compliant with the law.

“Should any concerns be identified in the informatio­n provided, Health Canada will take immediate action to protect the health and safety of Canadians,” a government spokesman said in an emailed statement.

Canadian companies importing the drug ingredient­s must be prepared to provide Health Canada with evidence the foreign plants are compliant within 48 hours if requested by the regulator.

But Attaran said it’s reckless for the regulator to take a drug company’s word that its facilities are up to standards. “It’s self-inspection, and self-inspection is simply not in today’s world regarded as a reliable regulatory model for very obvious reasons,” he said.

In 2013, then-Health Minister Leona Aglukkaq announced she was bolstering Canada’s drug regulatory system, extending the government’s oversight to include active pharmaceut­ical ingredient­s.

But pushback from the pharmaceut­ical industry concerned about an “increased regulatory burden” led to this “attestatio­n” program, with the regulator indicating further measures would be in place by the middle of 2015, Health Canada said at the time.

“The goal of these changes is to phase out sole reliance on company attestatio­ns and rely on independen­tly validated evidence,” a Health Canada spokesman said.

Health Canada would not provide specifics on how its regulation of these ingredient-making plants will change.

The government said any drugs sold in Canada are rigorously tested and meet high safety and quality standards. “This testing takes place at various points in the manufactur­ing process and includes tests designed specifical­ly to assess safety and quality,” a Health Canada spokesman said.

Numerous Canadian pharmaceut­ical companies import drug ingredient­s from foreign facilities that have not been inspected by a regulator.

Apotex, the country’s largest drug maker, imports drug ingredient­s from as many as 31 plants that have undergone only these internal or consultant audits, according to Health Canada.

This is at the same time the company is in court battling a Health Canada ban on drug products made at two of the firm’s own plants in Bangalore, India. These two facilities have been inspected by several drug regulators, including the U.S. FDA. Canada’s import ban is based on the findings of the FDA, who say the Indian facilities’ staff had, among other things, retested samples until they got favourable results.

Apotex said it defies logic that Health Canada can claim to distrust the company in relation to its Indian-made products while permitting it to use imported active ingredient­s made at other facilities that have not been inspected by a regulator.

“How could it possibly make sense to suggest that Apotex could not be trusted to test products from (its own Indian facilities) . . . but that Apotex could be trusted to test and release goods from plants that had never been inspected by any of Health Canada, the U.K., Australia, or U.S. FDA?” the company said in a statement to the Star.

The company has said the ban on its products is politicall­y motivated, the unfair consequenc­e of a government embarrasse­d by the Star’s ongoing investigat­ion into drug safety.

It said Health Canada’s previous inspection­s found its India facilities compliant, and that its drugs, which are “fully tested” in the company’s Canadian labs, are safe and effective.

“It is thus all the more remarkable that Health Canada would ban these plants, that Health Canada itself had inspected and approved, simply because of pressure from the Star to do so, while continuing to allow imports from many plants that had never even been inspected,” the company said.

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