Copyright 2000 P.G. Publishing Co.
Pittsburgh
Post-Gazette
May 4, 2000, Thursday, SOONER EDITION
SECTION: STATE, Pg. B-1
LENGTH: 856 words
HEADLINE:
STATE SUES OVER ILLEGAL NET DRUG SALES
BYLINE: PETER
DURANTINE, CAPITOLWIRE.COM
DATELINE: HARRISBURG --
BODY:
The attorney general's office filed
three lawsuits yesterday that accuse a group of out-of-state Internet companies,
doctors and pharmacies of selling certain prescription drugs online without
proper licensing from the state.
Attorney General Mike Fisher said the
group was not only violating state laws but also endangering the health of
Pennsylvania consumers.
"Prescription drugs, with potentially fatal side
effects, are being mailed to residents with no verification of the buyer's age,
physical condition or medical history," he said.
The suits, filed in
Commonwealth Court, claim that the defendants sold Viagra, Propecia and Xenical
to state investigators without obtaining a state medical license or pharmacy
permit, a violation of Pennsylvania's Consumer Protection Law, Pharmacy Act and
Medical Practices Act of 1985. State law requires that prescription drugs be
dispensed to consumers only by a state-licensed pharmacist or medical
practitioner, according to Fisher's office. A pharmacy must obtain a permit
before operating or advertising in the state and a physician must be licensed by
the state to practice medicine in Pennsylvania.
Fisher said that from
December 1999 through January 2000, Bureau of Consumer Protection agents made
undercover online purchases of the drugs, which treat impotency, hair loss and
obesity.
The consumers purchasing these drugs online include men with
heart conditions whose doctors would not prescribe Viagra, anorexic teen-age
girls or patients embarrassed to go to their own doctors with their conditions.
"These are the types of consumers we suspect are doing this," said
Fisher spokeswoman Barbara Petito.
How many consumers in Pennsylvania
are buying these drugs online is not expected to be learned until the attorney
general's office can look at the files of these companies, Petito said.
Fisher's office launched an investigation as part of a nationwide effort
by the National Association of Attorneys General, which decided to make this a
national project because of so many consumer complaints.
Petito said
about three other states had taken similar actions.
Two male agents, a
female agent and a 15-year-old girl, who assisted in the investigation, made
online purchases.
The investigators visited three separate Web sites
that were advertising the drugs.
Each had its own pharmacy and
prescribing doctor. Once on the sites, investigators posed as consumers and were
able to complete their online purchases by agreeing to a waiver of liability and
claiming to answer limited medical history questions truthfully.
Some of
the questions included pre-marked answers that required no consumer response.
"In less than 10 minutes, my agents and our assistant, with a valid
credit card, were able to select the drug, the prescribed amount and the method
of shipment including overnight delivery to expedite the order," Fisher said.
"This alleged practice is potentially dangerous because there is no physical
exam, no blood test, no confirmation of age or medical history, and no
opportunity to discuss the possible serious side effects."
According to
the lawsuits, Fisher's agents purchased:
* Various quantities and
strengths of the impotency drug Viagra for $ 114.50, $ 188 and $ 232.50.
* Various quantities of the hair loss drug Propecia for $ 109.60, $ 268
and $ 301.
* Various quantities of the weight loss drug Xenical for $
118.50, $ 248 and $ 288.
The purchase price of each drug order included
a $ 50, $ 65 or $ 85 consultation fee.
The lawsuits accuse the
defendants of:
* Selling prescription drugs without obtaining a
physician license or pharmacy permit from the state.
* Failing to
confirm a consumer's identity, age or medical history and failing to provide a
physical examination of consumers.
* Failing to disclose to consumers
that the defendants were not licensed or permitted by the commonwealth to
dispense prescription drugs.
* Selling and prescribing prescription
drugs to Pennsylvanians who have not been physically examined, seen and/or
spoken to by the issuing physician.
* Requiring consumers to, in
advance, accept a "waiver of liability" releasing the defendants from liability
associated with drug purchases.
The lawsuits ask the court to require
the defendants to:
* Immediately halt the sale of online prescription
drugs.
* Pay consumer restitution to online buyers who seek refunds.
* Pay a $ 1,000 civil penalty per violation and $ 3,000 civil penalties
for each violation involving a consumer age 60 or older.
The defendants
in the suits are:
4 Health Drugs, LLC, Pineville, La.; At-Cost Drugs,
Sterlington, La.; Kwikmed Inc. and Cymedic Health Group Inc., both of Phoenix;
Cyber Health Services Inc., doing business as Access Prescriptions Online or
Access Propecia Online, Glendale, Calif.; Teamcare Infusion Inc., doing business
as Teamcare Pharmacy Services, Miami, Fla.; and Lee-Ann Drugs Inc., Miami Beach,
Fla.
Calls to two of the companies, Kwikmed and 4 Health, were not
immediately returned. Lee-Ann Drugs and Cyber Health appeared to have no phone
listings.
LOAD-DATE: May 4, 2000
