
New York Times (12.15.01) - Monday, December 17, 2001
Jenny Holland
Although the program has been praised by UNAIDS and the World Bank, it has been operating in a legal gray area. According to the Food and Drug Administration (FDA), the program violates the Food, Drug and Cosmetic Act, which forbids the delivery or receipt of drugs from any source other than the manufacturer, processor, packer or distributor. "There is no quality assurance once the medication has left the pharmacy," said Richard Klein, the HIV/AIDS program director at the FDA. "It's a humanitarian program, but there is no guarantee of the drugs' integrity." While the FDA questions the legality of drug recycling, it has not received any reports of tainted drugs that have lost their potency being processed through Aid for AIDS and has not tried to stop its work. Klein said that it was unlikely that the agency would receive complaints since the recipients are from other countries and, thus, outside its jurisdiction.
Aid for AIDS is aware that its drugs can end up on the black market, but it is assured that what it is doing is better than doing nothing. "In the U.S. and Canada there are six or seven groups that collect medication and send them to developing countries," said Hans Binswanger, an AIDS activist and director of the rural, social and environmental development program for Africa at the World Bank. "Aid for AIDS is the biggest and the best."
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