Senior Content Associate For Pharmaceutical Commerce

Stephen Appezzato

Import tariffs increase concept with global trade symbols. | Image Credit: ©ImageFlow -stock.adobe.com

The US Customs and Border Protection (CBP) launched its new tariff refund portal on April 20, 2026.

 The portal provides a way for pharmaceutical importers to reclaim funds following a February Supreme Court rebuke of executive tariff authority, which declared certain tariffs unconstitutional.¹ For pharmaceutical companies navigating the 

 during the past year, the CBP action is the beginning of a repayment effort.

Why Are Companies Able to Receive Tariff Reimbursements?

In February, the U.S. Supreme Court issued a 6-3 opinion, ruling that the executive branch lacked the authority to use the 1977 International Emergency Economic Powers Act (IEEPA) to impose tariffs applied across a broad range of U.S. trading partners.²

The Court dismissed the administration's argument that the US trade deficit constituted a “national emergency” justifying the use of IEEPA, which authorizes the president to regulate commerce after a national emergency is declared. While previous presidents have used this law to place sanctions on certain countries, President Trump was the first to use it to justify tariffs.² This ruling invalidated a barrage of “reciprocal” tariffs, some as high as 50% for some countries, and a baseline 10% tariff that had been applied to other countries.² Tariffs imposed under other legal authorities were unaffected by the ruling.

The Supreme Court’s 6-3 decision directly impacts the pharmaceutical sector by invalidating IEEPA tariffs that squeezed margins on imported goods and ingredients.

Major US trade partners that were impacted by these tariffs included the European Union, South Korea, and Japan, which exported pharmaceuticals to the U.S. alongside other goods. India, whose major imports to the U.S. include pharmaceuticals, clothing, and textiles, also faced heightened tariffs during the past year.² According to CBP, more than 330,000 importers paid a total of $166 billion because of those tariffs.¹

For pharma importers, the ruling clarifies that the executive branch cannot unilaterally use IEEPA to regulate trade through tariffs. While some tariffs justified under other laws may remain, those specific duties collected under the IEEPA "emergency" umbrella are now eligible for return.

How Can Companies Receive Tariff Reimbursements?

To apply for reimbursements, companies have to register for the CBP’s electronic payment system and submit declarations that list products they imported. According to CBP, if a claim is approved, it will take 60-90 days for a refund to be issued.¹

The process requires strict adherence to CBP’s reporting standards. According to the agency, importers must ensure all digital declarations are precise, as any discrepancies in the listed products or the duties previously paid could delay the 60-90 day refund timeline. Because the total amount of duties to be returned is so high, reaching more than $166 billion across all sectors, companies should begin the electronic filing process immediately.

Anderson M. Trump administration to launch portal for tariff refunds following court ruling. 

. April 20, 2026. Accessed April 20, 2026. 

https://apnews.com/article/tariff-refund-trump-customs-08861f153801156d213c30c4e2f6a683

Grantham-Philips W. Supreme Court rules Trump’s use of emergency powers for global tariffs is unconstitutional. 

. February 20, 2026. Accessed April 20, 2026. 

https://apnews.com/article/trump-ieepa-tariffs-supreme-court-12487645072a1e1a387db60081509f3c

Articles

US Customs and Border Protection opened a tariff refund portal on April 20, 2026, enabling importers—including pharmaceutical companies—to recoup duties paid under tariffs invalidated by a February Supreme Court decision. In a 6–3 ruling, the Court held IEEPA did not authorize broad, partner-wide tariffs premised on the trade deficit as a “national emergency,” nullifying reciprocal levies and a baseline 10% tariff. Pharma importers facing compressed margins may now seek refunds via CBP’s electronic system, with payment expected within 60–90 days if filings are accurate.

Tariff reimbursements may be requested through the US Customs and Border Protection’s online portal.

How Can Pharma Importers Recoup Trump Tariff Payments?

Los Angeles, USA - December 1, 2022 Eli Lilly only editorial Stock information on the logo of the office facade | © StockMarketVisuals - stock.adobe.com

The FDA has approved Foundayo (orforglipron), Eli Lilly's once-daily oral small-molecule GLP-1 receptor agonist for chronic weight management, marking a pivotal shift in how peptide-independent obesity therapies can be developed and scaled.

 Unlike existing injectable GLP-1 biologics, orforglipron's non-peptide structure eliminates the formulation and cold-chain complexities that have historically challenged GLP-1 manufacturing, opening new pathways for oral solid dose production at commercial scale.

Orforglipron is the first new molecular entity cleared under the FDA's Commissioner's National Priority Voucher (CNPV) pilot program, with a review completed in just 50 days, the fastest NME approval since 2002.

 This signals a meaningful shift in FDA throughput capacity and sets a new benchmark for accelerated NME review timelines.

"This approval demonstrates what the FDA can achieve when we eliminate delays and prioritize fast and thorough work from the agency and industry partners," said FDA Commissioner Martin Makary, MD, MPH, in a press release.

The CNPV program now represents a concrete, and precedent-backed, mechanism for compressing time-to-approval without compromising review rigor.

How Can Foundayo Advance GLP-1 Access and Ease of Use?

A primary focus of the Foundayo launch is addressing the practical barriers that have historically limited the adoption of GLP-1 therapies. While injectable GLP-1 medications have seen high demand, the complexity of administration and strict fasting requirements for existing oral options have posed challenges for long-term adherence. Foundayo distinguishes itself as the only GLP-1 pill that can be taken at any time of day without specific food or water restrictions.

The clinical community suggests that this flexibility could be a decisive factor in improving patient outcomes. Deborah Horn, DO, director of the Center for Obesity Medicine, McGovern Medical School at UTHealth Houston, noted the importance of treatment options that align with patient lifestyles. “People living with obesity need treatment options that meet them where they are – and for many, a once-daily pill that can be taken with no food or water restrictions can offer them greater flexibility in how they approach their treatment,” Horn said.

According to David A. Ricks, chair and CEO, Eli Lilly, current utilization of GLP-1s remains low relative to the population that could benefit, citing “fewer than 1 in 10 people who could benefit from a GLP-1 are taking one, held back by access, stigma, perceived complexity or the belief that their condition isn't serious enough for treatment.”

“We believe Foundayo can help level the playing field for those living with obesity or who are overweight and living with weight-related complications,” Ricks said.

What Does Orforglipron's Clinical Package Mean for Small-Molecule GLP-1 Development?

The ATTAIN clinical trial program, spanning more than 4,500 participants, delivered the efficacy data needed to support orforglipron's approval and, critically, validates the small-molecule GLP-1 receptor agonist as a commercially viable therapeutic class.

In the 72-week ATTAIN-1 trial, the highest dose achieved 12.4% mean weight loss versus 0.9% in the placebo group, with additional improvements across cardiovascular risk markers including systolic blood pressure, triglycerides, and waist circumference. This breadth of endpoints strengthens the case for pursuing small-molecule GLP-1 candidates across cardiometabolic indications beyond obesity.

From a formulation and dosing strategy perspective, orforglipron's titration schedule offers instructive design insights.

 Starting at 0.8 mg and escalating every 30 days, through 2.5 mg and 5.5 mg, to a maximum of 17.2 mg, the regimen was built to manage gastrointestinal tolerability and sustain long-term adherence. This stepwise dose escalation reflects deliberate decisions around release profile, tablet strength flexibility, and the need to manufacture across a wide dose range within a single oral solid dose platform. Considerations that must be resolved early in process development.

Higher adherence rates associated with once-daily oral dosing also carry downstream implications for clinical trial design and commercial forecasting.

 Reduced dropout rates driven by route-of-administration preferences can strengthen trial powering assumptions and support more robust long-term safety datasets, a benefit that compounds across Phase III programs and post-market commitments.

How Will Lilly Provide Access to Foundayo?

To facilitate broad access, Eli Lilly announced that Foundayo will be available through LillyDirect with free home delivery starting April 6, 2026.

 The company has also introduced a pricing structure aimed at reducing out-of-pocket costs. Eligible patients with commercial insurance may pay as little as $25 per month, while those opting for self-pay can access the medication starting at $149 per month. Additionally, coverage for eligible Medicare Part D individuals is expected to begin in July 2026.

What Are the Potential Side Effects of Foundayo?

Foundayo’s safety profile is consistent with the GLP-1 receptor agonist class. Common side effects reported in clinical trials include nausea, constipation, diarrhea, vomiting, and abdominal pain.

 The drug’s labeling includes a boxed warning regarding the risk of thyroid C-cell tumors. Patients with a personal or family history of medullary thyroid cancer or Multiple Endocrine Neoplasia syndrome type 2 are advised against using the medication. Other warnings include potential risks for pancreatitis, acute gallbladder disease, and hypoglycemia when used with certain other medications.

The FDA’s acting CDER director Tracy Beth Høeg, MD, PhD, affirmed the rigor of the review process despite the expedited timeline. “The approval of orforglipron is another example of how the FDA’s CNPV pilot program has been able to more quickly bring effective treatments to Americans. Individuals who are overweight or obese now have an additional option to help with weight loss — a GLP-1 receptor partial agonist pill which does not need to be taken on an empty stomach,” Høeg said.

The FDA plans to hold a public meeting on June 4, 2026, to discuss the ongoing implementation and criteria of the CNPV program following this historic first NME approval.

U.S. Food and Drug Administration. FDA Approves First New Molecular Entity Under National Priority Voucher Program. Published April 1, 2026. Accessed April 1, 2026. 

https://www.fda.gov/news-events/press-announcements/fda-approves-first-new-molecular-entity-under-national-priority-voucher-program

Eli Lilly and Company. FDA approves Lilly's Foundayo™ (orforglipron), the only GLP-1 pill for weight loss that can be taken any time of day without food or water restrictions. Published April 1, 2026. Accessed April 1, 2026. 

https://investor.lilly.com/news-releases/news-release-details/fda-approves-lillys-foundayotm-orforglipron-only-glp-1-pill

FDA approval of Foundayo (orforglipron), a once-daily oral small-molecule GLP-1 receptor agonist for chronic weight management, establishes a scalable, peptide-independent path for GLP-1 therapy manufacturing and distribution. As the first new molecular entity cleared via the FDA Commissioner’s National Priority Voucher pilot, the 50-day review sets a modern benchmark for expedited approvals without stated compromise in rigor. Clinical data from the ATTAIN program support meaningful weight loss and cardiometabolic improvements, while simplified administration may improve adherence and broaden real-world uptake.

The FDA approves orforglipron (Foundayo), the first oral, non-peptide GLP-1 for obesity, the fastest NME approval under the new CNPV program.

FDA's 50-Day NME Approval Changes Drug Development Rules

Silver Spring, MD, USA - June 25, 2022: The FDA White Oak Campus, headquarters of the United States Food and Drug Administration, a federal agency of the Department of Health and Human Services (HHS) | Image Credit: © Tada Images - stock.adobe.com.

On March 3, the FDA intensified its regulatory oversight of 

, issuing 30 warning letters to telehealth organizations for disseminating misleading promotional material regarding compounded semaglutide and tirzepatide.¹ This action represents the second significant enforcement wave since the agency's broad crackdown on direct-to-consumer (DTC) advertising began in September 2025.² Over the preceding six months, the volume of regulatory correspondence—including thousands of warning letters dispatched to both pharmaceutical manufacturers and telehealth providers—has surpassed the cumulative total of the previous decade, signaling a departure from previous enforcement norms.¹

Commissioner Marty Makary, MD, MPH, has defined this strategic pivot as a new era of proactive monitoring designed to eliminate deceptive claims across all media channels.¹ Makary justified this direction, in a press release,¹ “Compounded drugs can be important for overcoming shortages or meeting unique patient needs—but compounders should not try to compound drugs in a way that circumvents FDA's approval process." The agency’s current posture emphasizes that all market participants must ensure a fair balance of risks and benefits in their communications to maintain the integrity of clinical standards.

What Specific Violations and Commercial Risks Has the FDA Identified?

The specific violations cited in the letters highlight critical boundaries for digital marketing. The primary infractions included:

• Claims of "Sameness": Marketing materials that implied compounded versions were identical to FDA-approved products.

• Obscured Sourcing: Advertising drug products branded with the telehealth firm’s own name or trademark without clarifying that the firm is not the actual compounder.1

The FDA reiterated that compounded drugs are not FDA-approved, meaning the agency does not review their safety, effectiveness, or quality prior to marketing. Furthermore, the agency clarified that compounded drugs are not the same as generic drugs, which are FDA-approved.

What Motivated the FDA’s Shift Toward Proactive Regulatory Oversight?

The current regulatory environment is influenced by a September 2025 executive order aimed at enhancing transparency in DTC prescription drug advertising. This order spurred the FDA to transition from its traditional reactive, complaint-driven oversight to a more proactive monitoring system for all pharmaceutical advertising.² Research indicates that DTC advertising significantly impacts patient behavior, increasing overall prescription requests and the likelihood of a clinician fulfilling those requests, even when prescribers question the clinical appropriateness of the medication.² By moving to proactive monitorization, the FDA aims to ensure that all promotional content represents a “fair balance” of risks and benefits, as required by the Federal Food, Drug, and Cosmetic Act. Beyond marketing claims, the news underscores the agency's commitment to protecting the drug supply from poor-quality materials. The FDA remains vigilant regarding fraudulent and counterfeit products, including those containing false label information or non-existent pharmacies.³ To bolster supply chain security, the agency maintains a green list import alert (66-80) to prevent GLP-1 active pharmaceutical ingredients (APIs) with quality concerns from entering the U.S., while still allowing legal importation from compliant manufacturers.³ Today's issuance of 30 warning letters represents a continuation of a significant enforcement trend. By identifying primary violations such as "sameness" claims and obscured sourcing on digital platforms, the FDA is establishing a new standard for transparency and regulatory compliance in the marketing of compounded GLP-1 products.

1. FDA. FDA Warns 30 Telehealth Companies Against Illegal Marketing of Compounded GLP-1s. FDA News Release. March 3, 2026. 

https://www.fda.gov/news-events/press-announcements/fda-warns-30-telehealth-companies-against-illegal-marketing-compounded-glp-1s

2. Jacobus N. FDA Sends Warning Letters to Novo Nordisk, Eli Lilly, and Hims Regarding Misleading Pharmaceutical Advertising. Pharmaceutical Executive. September 17, 2025. 

https://www.pharmexec.com/view/fda-warning-letters-novo-nordisk-eli-lilly-hims-regarding-misleading-advertising

3. FDA. FDA's Concerns with Unapproved GLP-1 Drugs Used for Weight Loss. Postmarket Drug Safety Information. Current as of February 4, 2026. 

https://www.fda.gov/drugs/postmarket-drug-safety-information-patients-and-providers/fdas-concerns-unapproved-glp-1-drugs-used-weight-loss

The FDA escalated enforcement in the GLP-1 space by issuing 30 warning letters to telehealth firms promoting compounded semaglutide and tirzepatide with misleading claims. This marks a second major enforcement wave since September 2025 and reflects a shift from complaint-driven review to proactive, cross-channel surveillance. Core violations involved implying compounded products are identical to approved brands and obscuring the actual compounding source under telehealth branding. The agency reinforced that compounded drugs are unapproved and distinct from generics, while intensifying efforts to secure API supply chains.

The FDA's new era of proactive enforcement uses warnings to stop misleading GLP-1 ads and ensure a fair balance of drug risks and benefits.

Why the FDA Issued 30 Warning Letters to Telehealth Sites Marketing Compounded GLP-1s

On February 26, the FDA issued an accelerated secondary approval for Boehringer Ingelheim’s Hernexeos (zongertinib), specifically for adult patients diagnosed with advanced NSCLC.¹ This regulatory milestone targets malignancies characterized by HER2 tyrosine kinase domain activating mutations, which must be identified using an FDA-authorized diagnostic tool.

This decision represents a significant therapeutic expansion for the drug, which first secured accelerated approval in August 2025 for patients who had previously received systemic treatment.¹ The review was conducted under the Commissioner’s National Priority Voucher (CNPV) pilot program, a strategic regulatory initiative created to expedite the approval of treatments that address urgent national health priorities.

The application for Hernexeos was submitted January 13, 2026, and a final decision was reached in just 44 days.² Under the CNPV, the FDA aims to reduce traditional 10–12-month review windows to as little as one to two months for qualifying sponsors.

“As a part of the national priority voucher program, the FDA is on the hunt for game-changing therapies that can qualify for a priority review. In this case a final decision was rendered 44 days after the filing date,” said FDA Commissioner Marty Makary, MD, MPH.¹ “Patients and sponsors deserve an efficient FDA process that cuts out idle time and delivers powerful treatments safely and quickly for the American people.”

To qualify for the CNPV, manufacturers must meet specific criteria, including a commitment to domesticating manufacturing as a matter of national security, increasing drug affordability, or addressing significant unmet public health needs.

“National priority vouchers are granted to a select group of products where the company has agreed to increase affordability, domesticate manufacturing as a national security issue, or address an unmet public health need,” Makary said in a release.³ “We are pioneering new ways of bringing these cures and meaningful treatments to the market faster.”

The FDA's decision was supported by efficacy data from a treatment-naïve cohort in the Phase Ib Beamion LUNG-1 trial.¹ In this study of 72 patients, Hernexeos demonstrated a 76% objective response rate.² Furthermore, 64% of patients maintained a duration of response for at least six months.¹ This clinical performance marks a notable departure from the current standard of care, where expected response rates typically range between 30% and 45%.²

“Zongertinib is setting a new standard as the first targeted therapy for treatment naïve patients with HER2-mutant advanced non-small cell lung cancer with demonstrated efficacy, a manageable safety profile, and once daily oral administration,” said Dr. John Heymach, coordinating investigator for the Beamion Lung-1 trial and chair of Thoracic/Head and Neck Medical Oncology at The University of Texas MD Anderson Cancer Center.⁴ “Now these patients finally have a targeted treatment option that they can receive immediately following identification of a HER2 mutation.”

Hernexeos functions as an irreversible, HER2-selective tyrosine kinase inhibitor. The molecule was engineered to specifically inhibit HER2 while sparing wild-type EGFR, a design intended to manage toxicity.¹ In a pooled safety population, the most common adverse reactions included diarrhea (54%), rash (28%), hepatotoxicity (27%), and fatigue (25%). Dose discontinuations due to adverse events occurred in 6% of patients.⁴

For the pharmaceutical industry, the CNPV program utilizes a multidisciplinary “tumor board-style” review model to facilitate these rapid turnarounds.⁵ “Using a common-sense approach, the national priority review program will allow companies to submit the lion's share of the drug application before a clinical trial is complete so that we can reduce inefficiencies,” Makary said in a June press release. “The ultimate goal is to bring more cures and meaningful treatments to the American public,” he said.

Boehringer Ingelheim is continuing to investigate the therapy in broader clinical settings, including the Phase III Beamion LUNG-2 study for first-line treatment.¹ Continued approval for this indication may depend upon the verification of clinical benefit in confirmatory trials.

1. Jacobus N. FDA approves Hernexeos under National Priority Voucher Program. Pharmaceutical Executive. Published February 27, 2026. Accessed March 2, 2026. 

https://www.pharmexec.com/view/fda-approves-hernexeos-national-priority-voucher-program

2. U.S. Food and Drug Administration. FDA grants second approval under the National Priority Voucher pilot program. U.S. Food and Drug Administration. Published February 26, 2026. Accessed March 2, 2026. 

https://www.fda.gov/news-events/press-announcements/fda-grants-second-approval-under-national-priority-voucher-pilot-program

3. U.S. Food and Drug Administration. FDA awards second batch of national priority vouchers. U.S. Food and Drug Administration. Published November 6, 2025. Accessed March 2, 2026. 

https://www.fda.gov/news-events/press-announcements/fda-awards-second-batch-national-priority-voucher-program

4. Boehringer Ingelheim. FDA approves Hernexeos, the first targeted therapy for adults with HER2-mutant advanced NSCLC as an initial treatment option. Boehringer Ingelheim. Published February 26, 2026. Accessed March 2, 2026. 

https://www.boehringer-ingelheim.com/human-health/cancer/lung-cancer/fda-approves-hernexeos-first-line-lung-cancer

5. James D. FDA continues to expand National Priority Voucher Program. Pharmaceutical Executive. Published November 7, 2025. Accessed March 2, 2026. 

https://www.pharmexec.com/view/fda-expand-national-priority-voucher-program

The FDA granted accelerated secondary approval to zongertinib for first-line treatment of advanced NSCLC harboring HER2 tyrosine kinase domain activating mutations, identified via an FDA-authorized diagnostic. The action leveraged the Commissioner’s National Priority Voucher pilot, compressing review to 44 days and tying eligibility to commitments around domestic manufacturing, affordability, or unmet need. In the treatment-naïve BEAMION LUNG-1 cohort (n=72), objective response rate reached 76% with 64% maintaining response ≥6 months. Safety was manageable; confirmatory trials will determine durability of benefit.

FDA granted Hernexeos accelerated approval for 1st-line HER2-mutant NSCLC after a 44-day review via the National Priority Voucher Program.