Dextromethorphan Distribution Act of 2006

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.

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. Speaker, I rise today to pay tribute to an often overlooked group of Americans who have made great contributions to the health and safety of our Nation. Those who have made a career out of counseling individuals with alcohol and drug addictions deserve our recognition, respect, and gratitude, as we celebrate National Addiction Recovery Month this September. Furthermore, I would like to recognize that September 20th is National Addiction Counselor's Day.

Last year, over 19 million Americans used illicit drugs. Fifty-five million engaged in binge drinking, and over 16 million were considered heavy drinkers. These numbers are staggering. Imagine the entire populations of New York and Los Angeles as illicit drug users. Imagine if the entire population of Florida were heavy drinkers.

This is a prevalent problem.

The problem of addiction is not restricted to illicit, illegal drugs or products sold on the street. There are dangers in our homes and our medicine cabinets. Common household products, such as cough syrup, contain ingredients that can provide a high if taken in large enough doses.

According to research conducted by the Partnership for a Drug-Free America, one in 10 teenagers, or 2.4 million young people, have intentionally abused cough medication to get high. Teens take excessively large amounts of over-the-counter cough medicine or abuse the main active ingredient in most cough syrups, dextromethorphan (DXM). DXM can be purchased over the Internet in bulk and is very dangerous when abused.

Since cough medicine is a necessity in every home with a child, we must take action to ensure our kids are protected from DXM abuse. First, parents need to talk to their children about the dangers of overdosing on DXM and cough syrup. Second, Congress needs to ensure that bulk amounts of DXM are not sold over the counter, or over the Internet, to entities not registered to do so with the FDA. I urge congressional leadership to bring legislation I introduced with Rep. Fred Upton, H.R. 5280, the DXM Distribution Act of 2006, to the floor of the House for a vote.

The professionals who treat the destructive disease of addiction are a dedicated, knowledgeable group. Today there are hundreds of thousands of clean and sober individuals living happy, productive lives because a counselor was there and made the difference. Not only do these counselors assist in recovery, but in prevention and intervention as well. Addiction professionals are an essential cog in the health services machine. Through training and experience, addiction professionals can help turn a life around and often even save a life.

I call upon all of my colleagues to join me in recognizing the invaluable contributions of addiction counselors. Congress has shown strong support for this issue in the past, yet we are far from victory. We must continue our steadfast fight against drug and alcohol addiction. The hard work of addiction professionals should be recognized, honored, and appreciated.

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. 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

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. Speaker, I yield 2 minutes to the gentleman from Washington (Mr. Larsen).

Mr. Speaker, I yield back the balance of my time.

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.

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.

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. Speaker, I am pleased to yield 5 minutes to the author of the legislation, Mr. Upton.

Mr. Speaker, I urge adoption, and I yield back the balance of my time.