【EXPERT Q&A】What impacts will there be if pharmaceutical enterprises export without certification?

July 21, 2025  Source: drugdu 174

Drugdu.com expert's response:

 

If a pharmaceutical enterprise fails to complete necessary certifications for export, it will face severe consequences such as blocked market access, intensified legal risks, expanded economic losses, damaged brand reputation, and decreased supply chain stability. The specific impacts are as follows:

I. Blocked Market Access: Products Unable to Enter Target Markets

European Union Market

Lack of CE Certification: EU law mandates that medical devices, pharmaceuticals, and other products must pass CE certification. Otherwise, products will be seized or confiscated by customs, and enterprises may face hefty fines, market withdrawals, and recalls of in-use products. For example, medical devices without CE certification cannot be sold in the 27 EU member states, directly losing access to the European market.

Upgraded MDR Regulations: The EU's new Medical Device Regulation (MDR) significantly raises certification standards, requiring enterprises to invest more resources to ensure product compliance, further increasing market access difficulties for uncertified products.

United States Market

Lack of FDA Certification: Exporting pharmaceuticals to the US requires FDA certification, including submitting Drug Master File (DMF) documents, obtaining pharmaceutical export certificates, and applying for customs import licenses. Products without completed certification will be prohibited from entering the country and may face legal action for violating US pharmaceutical regulations.

NDC Registration Requirement: Over-the-counter (OTC) drugs must obtain a National Drug Code (NDC) registration number to be sold in the US. Products without registration will be deemed illegal.

Other International Markets

Lack of ISO Certification: Certifications from the International Organization for Standardization (ISO), such as ISO 13485 for medical device quality management systems, are basic requirements for importing pharmaceutical products in many countries. Products without ISO certification may be rejected from entering target markets.

Lack of GMP Certification: Good Manufacturing Practice (GMP) certification is a crucial standard for ensuring pharmaceutical quality and production process compliance. Enterprises without GMP certification may be viewed as unreliable partners by international clients, leading to order losses.

II. Intensified Legal Risks: Enterprises Face Penalties and Lawsuits

European Union Market

Legal Liability: If products without CE certification cause safety issues during use, manufacturers, sellers, and importers may be held legally liable, including compensating users for losses, paying fines, and even facing criminal charges.

Compliance Inspections: EU customs and e-commerce platforms (e.g., Amazon) strictly inspect products for CE certification. Uncertified products will be removed from sale, and enterprises may be blacklisted for non-compliance.

United States Market

FDA Penalties: If products without FDA certification are found to be non-compliant, enterprises may face product recalls, fines, import bans, and even revocation of export qualifications.

Legal Lawsuits: If products cause health damage to users, enterprises may be sued for failing to fulfill compliance obligations, facing substantial compensation and reputational damage.

Other International Markets

Trade Barriers: Many countries use certification as a non-tariff trade barrier. Uncertified products may face import restrictions, and enterprises may be penalized for violating local regulations.

III. Expanded Economic Losses: Increased Costs and Reduced Revenue

Direct Economic Losses

Product Seizure and Confiscation: Uncertified products seized by customs require enterprises to pay additional costs such as storage and destruction fees and may even result in the loss of the entire product value due to confiscation.

Fines and Compensation: If products cause safety incidents due to lack of certification, enterprises must pay hefty fines and user compensation, further exacerbating economic losses.

Indirect Economic Losses

Lost Market Opportunities: Uncertified products cannot enter target markets, causing enterprises to miss sales opportunities and reduce revenue.

Customer Loss: International clients may switch to competitors due to an enterprise's lack of certification, leading to long-term customer loss and declining market share.

Supply Chain Disruptions: Uncertified products may disrupt the supply chain, affecting production plans and delivery capabilities and further increasing operational costs.

IV. Damaged Brand Reputation: Trust Crisis and Declining Market Competitiveness

Decline in Consumer Trust

Safety Concerns: Uncertified products may be perceived as unsafe or substandard by consumers, damaging brand reputation. For example, medical devices without CE certification may be rejected by patients and medical institutions.

Market Exclusion: In markets with strict certification requirements like the EU, uncertified products may be removed from retail shelves and e-commerce platforms, leading to brand exclusion from the market.

Decline in Industry Competitiveness

Compliance Disadvantage: In international competition, enterprises without certification are at a disadvantage and struggle to compete with international rivals.

Partner Loss: International clients and suppliers may terminate cooperation due to an enterprise's lack of certification, causing the loss of important partners and market resources.

V. Decreased Supply Chain Stability: Cooperation Risks and Operational Disruptions

Supplier Cooperation Risks

Compliance Requirement Transmission: In international supply chains, downstream clients typically require upstream suppliers to provide certification documents (e.g., CE certificates, FDA registration numbers). Enterprises without certification may be excluded from supplier lists, leading to raw material supply disruptions.

Contract Breach Risks: If an enterprise fails to deliver products due to lack of certification, it may face contract breach compensation and legal disputes.

Logistics and Transportation Risks

Transportation Delays: Uncertified products may be detained by customs, causing transportation delays and delivery failures and affecting production plans and customer satisfaction.

Insurance Claim Denial: If products incur losses due to lack of certification, insurance companies may deny claims, further increasing the enterprise's financial burden.

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