FDA personal importation enforcement discretion (2003–present)
For decades, importing unapproved prescription drugs into the US was technically illegal, but FDA's 2003 guidance (updated 2019) described circumstances where personnel might exercise enforcement discretion — generally personal use of no more than a three-month supply for a serious condition without a domestic alternative.
The gray area let Canadian pharmacy imports flourish as a tolerated practice for US patients.
FDA maintained the position that personal importation of unapproved medicines is generally not permitted and that no automatic right of admission exists.
The new CBP rule operates on top of this existing legal baseline — FDA admissibility law is unchanged, but the customs-entry environment around it becomes far more structured starting October 22.
