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2000 News Release

NACDS Perspective on Regulating Internet Pharmaceutical Sales
 
January 03, 2000
 
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.

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