WASHINGTON, D.C. – U.S. Senator Pat Roberts (R-Kan.) this week introduced a bill to allow millions of asthma sufferers the freedom to purchase their choice of inhalers, despite a proposed regulation prohibiting the use of certain types of inhalers.

“This regulation, which is set to take effect at the end of the year, is simply another example of the federal government injecting itself into the daily lives of millions of Americans,” said Roberts. “Regulations like this are proof positive of why the Senate needs to move forward with legislation that provides comprehensive regulatory relief to businesses and individuals.”

The Freedom to Breathe Act of 2011 comes after the Federal Drug Administration (FDA) continues to move forward with an overly burdensome regulation that would ban the production and sale of over-the-counter (OTC) epinephrine asthma inhalers containing chlorofluorocarbons (CFC), known as metered-dose inhalers or MDI’s. This regulation was instituted in response to an international agreement, called the Montreal Protocol on Substances that Deplete the Ozone Layer, which the U.S. entered into more than two decades ago.

The Freedom to Breathe Act of 2011 prohibits the Secretary of Health and Human Services from reissuing the rule, or issuing a new rule, that prohibits the production and distribution of oral pressurized MDI’s if they may emit CFC’s or other green house gas emissions.

According to the rule itself, in 2007 1.7 to 2.3 million consumers purchased OTC epinephrine asthma inhalers. Enforcement of this regulation will result in an estimated $350 million to $1.1 billion in increased costs for purchasers of OTC inhalers.

The rule also states that up to a quarter of the costs of removing this type of inhaler could be picked up by state and federal Medicaid programs, placing yet another financial burden on the backs of American taxpayers.

Sen. Roberts has also introduced the Regulatory Relief for our Economy Act to help eliminate ridiculous and burdensome government regulations, such as this one.

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