Legislation banning distribution of bulk dextromethorphan to people and businesses not registered with FDA passed the House with overwhelming support and moves to the Senate, where similar bills stalled in the two previous sessions.

The Dextromethorphan Distribution Act, H.R. 1259, aims to limit bulk sales of the ingredient used in many OTC cough medicines to prevent consumers, particularly teenagers, from purchasing DXM online.

The bill introduced by Rep. Fred Upton cleared the House by a 407-8 vote March 31. Similar DXM bills offered by the Michigan Republican passed the House by voice vote in 2006 and 2007 before stalling in the Senate.

Upton's staff is "unclear of the status of the measure in the Senate," but the representative hopes to "get this across the goal line this Congress," a spokesman said.

The spokesman added in an e-mail that the current bill restricts DXM access to registered or licensed clinics, pharmacies, researchers and manufacturers, whereas previous bills merely barred DXM distribution to people not registered with FDA.

He said this approach mirrors language in the companion bill Sen. Patty Murray, D-Wash., introduced in the 110th Congress.

However, Murray's bill did not move out of committee and the Senate did not vote on Upton's measure before Congress adjourned.

Before Upton's current bill passed the House, a Murray spokesman said the senator has not decided whether to take any action on DXM in this session.

Following the House vote, Senate staffers declined to comment on activity surrounding the bill, other than to say that the Senate remains in a holding pattern regarding potential DXM legislation. H.R. 1259 was referred to the Senate Committee on Health, Education, Labor and Pensions April 1.

In a statement, Upton pressed the Senate to take up the legislation, calling DXM distribution "too important an issue not to get done - kids' lives literally hang in the balance."

The Partnership for a Drug-Free America agrees. H.R. 1259 is "an important step toward controlling the bulk supply" of DXM and "we urge the Senate" to pass it, PDFA President and CEO Steve Pasierb said in a same-day statement.

Pasierb noted that 2.4 million teens report abusing DXM at some time, and recent PDFA survey data show 7 percent of teens used cough suppressants to get high in the past year.

The 2008 edition of the National Institute on Drug Abuse's Monitoring the Future survey found declines in DXM abuse among certain teenage groups and concluded that education campaigns in that area achieved moderate success (¹ 'The Tan Sheet' Dec. 22, 2008, In Brief).

The Consumer Healthcare Products Association expects a Senate bill potentially to add an age limit to the DXM sale restriction and provide funding for education, a spokeswoman said.

The language aligns with legislation Vice President Joe Biden introduced in 2007 as a senator from Delaware (² Also see "“Snurf” Abuse Reports Revive Interest In DXM Bills" - Pink Sheet, 15 September, 2008., p. 4).

Biden's bill, which also failed to move out of committee during the 110th Congress, limited the purchase of DXM-containing products to consumers 18 and older and provided grants for drug abuse-prevention program to PDFA and the Community Anti-Drug Coalition of America.

CHPA supported Biden's legislation and worked with anti-drug organizations on campaigns to advise health care professionals and parents about safe use and storage of OTC medications (³ Also see "Lingering Side Effects Of Cough/Cold Issues Drive CHPA 2008 Agenda" - Pink Sheet, 28 January, 2008., p. 5).

CHPA President Linda Suydam noted in a March 31 release, "There is no good reason for any but manufacturers, pharmacists and researchers to have the raw form of this ingredient," and called vendors of raw DXM to teens "unscrupulous online pushers."

- Dan Schiff (d.schiff@elsevier.com)

DXM Distribution Legislation Clears House And Moves To Senate Again

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