West Virginia governor signs measure lifting limits on OTC cold and allergy medication purchases

West Virginia Gov. Jim Justice (R) on Wednesday signed into law legislation that raised annual purchase limits on over-the-counter (OTC) cold and allergy medicine.

The bill, SB688, applies to three ingredients found in many decongestants and cold medicines: pseudoephedrine, often sold under the brand name Sudafed; ephedrine, sold under brand names including Akovaz and Corphedra; and phenylpropanolamine, which is found in some formulations of Alka-Seltzer, Dimetapp, Robitussin and Contac.

Previously, purchase limits were set at 48 grams per person annually, estimated to last roughly 6 1/2 months. The new law nearly doubles that purchase limit — raising the cap to 86.4 grams per person, a full 12-month supply.

The bill was bipartisan and passed by strong margins in both chambers of the state Legislature.

West Virginia state Senate Majority Leader Tom Takubo (R) said that the state has “proven its commitment to combating the illegal diversion of pseudoephedrine through its adoption of NPLEx, ensuring law enforcement and pharmacists on the front lines of this fight have the tools they need to crack down on criminals.”

“I’m pleased to have sponsored this legislation, which will give West Virginians increased flexibility to care for their allergy symptoms year-round,” Takubo said.

The Consumer Healthcare Products Association (CHPA) released a statement embracing the new law.

“OTCs are a core attribute of our health care system, providing accessible, affordable, safe, and effective solutions. Without them, 82% of people would seek professional medical attention for minor ailments, including allergies, further straining our already overburdened healthcare system,” said Carlos Gutierrez, CHPA’s vice president of state and local government affairs, in a statement.

“CHPA thanks Governor Justice, Senate Majority Leader Takubo, and Delegate Summers for prioritizing legislation that will not only increase access to the beneficial self-care products West Virginians depend on for relief but will alleviate undue burdens caused by costly and unnecessary doctor visits,” Gutierrez continued.

The Hill has reached out to the governor’s office for further comment.