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Drug Ingredients From India Don’t Flout ‘Buy American’ Law

Feb. 10, 2020, 4:40 PM

The Department of Veterans Affairs improperly rejected Acetris Health LLC from a pharmaceutical procurement based on the belief that ingredients from India made the drugs noncompliant with a “Buy American” requirement, an appeals court affirmed Monday.

The U.S. Court of Federal Claims correctly ruled that Acetris’s drugs, which are made in New Jersey with ingredients from India, should have been contract-eligible as “U.S.-made end products,” the U.S. Court of Appeals for the Federal Circuit ruled.

The appeals court added, however, that the claims court’s ruling was “imprecise and confusing.” The claims court should declare that under the Trade Agreements Act, ...

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