Ends Right/Means Wrong
By Craig L Fuller President and CEO National
Association of Chain Drug Stores USA Today Monday,
January 3, 2000
President Clinton supports a new initiative to
protect consumers from illegal Internet sales of
pharmaceuticals. We support whole-heartedly the
ends, but when the means involve an expansion of
FDA authority over Internet activity involving
transactions regulated by the states, we
respectfully urge restraint.
The National Association of Chain Drug Stores
represents over 30,000 community pharmacies, most
of which now have the Internet capacity to provide
prescription medication to patients in a manner
fully consistent with all laws and regulations.
Additionally, there are many "dot coms" selling
pharmaceutical products, health and beauty
products and over the counter medication solely
through the Internet in full compliance with laws
and regulations.
For all of us, rogue Internet operations are an
anathema. However, it is an overstatement by the
White House to suggest that consumers have "no way
of telling" whether an online pharmacy is a
legitimate operation. Indeed, chain pharmacy
customers are finding it safe and convenient to
order prescriptions over the Internet because they
trust and know the brand name of the drug store.
We urge a careful review of existing regulatory
authority at the state level and the federal level
(FDA authority exists to prohibit illegitimate
importation of prescription drugs from offshore
sources and the FDA may limit the unauthorized
distribution of prescription drugs by unlicensed
entities). We believe enhanced enforcement of
existing authority will go a long way toward
remedying the issues properly raised last week by
HHS Secretary Shalala and FDA Commissioner Henney.
The desire to end dangerous and unsound
practices with regard to Internet sales is similar
to the vigilance long applied to community
pharmacy, direct mail service and other
state-regulated commercial activities. State-based
pharmacy practice regulation has safely served
consumers with respect to community pharmacy and
multi-state mail service operations. Rushing to
expand the authority of the Food and Drug
Administration to regulate Internet pharmacy prior
to any indication that current regulatory and
voluntary certification programs have failed may
be a bit premature. Let's use this year to
collectively find a way to achieve the worthy ends
articulated by Secretary Shalala within the means
that are already available.