A 60-year-old man has been sentenced to nine months imprisonment suspended for two years and ordered to serve 150 hours of unpaid community work for illegally advertising prescription only medicines online.
William John Parsons, a retired pharmacist from Fallowfield, Manchester, was found guilty by a Southwark Crown Court jury on 5 November 2010 of advertising prescription only medicines namely Viagra, Cialis and Levitra.
The Medicines and Healthcare products Regulatory Agency (MHRA) alongside Police Chemist Inspecting Officers from Derbyshire police carried out an inspection at Parsons' Hayfield Pharmacy after it had been bought to the Agency's attention that a website linked to the pharmacy had been advertising prescription only medicines.
Parsons informed the MHRA that he was the dispensing pharmacist for a number of websites, one of which was his own potency.
An MHRA letter of compliance was issued warning Parsons he was acting illegally as he was promoting prescription only medicines (POMs) online which are strictly regulated and in doing so was in breach of The Medicines (Advertising) Regulations 1994.
The letter advised him to remove all reference to promotional material and to specific POMs including Viagra and Cialis, however, he ignored these warnings and continued regardless.
MHRA Head of Enforcement Mick Deats said, "People with erectile dysfunction find the anonymity of purchasing medicines over the internet attractive and so internet businesses selling these medicines are quite lucrative.
"These medicines are classified as prescription only because when they are misused or used by people with certain conditions they can be extremely dangerous to public health.
"People should only take prescription only medicines after an appropriate consultation with their GP. Only healthcare professionals can take into account risks and benefits associated with every medicine."
Notes
1. Anyone who has concerns about misleading advertising or promotional offers of medicines should contact the MHRA Advertising Standards Unit, 151 Buckingham Palace Road, London, SW1W 9SZ. Alternatively, contact the pharmaceutical self-regulatory bodies, the Proprietary Association of Great Britain (PAGB) for advertising for over the counter medicines, or the Prescription Medicines Code of Practice Authority (PMCPA) for advertisements to health professionals for prescription medicines.
2. The advertising of medicines is controlled by a combination of statutory measures (with both criminal and civil sanctions) enforced by the MHRA, and self-regulation through Codes of Practice for the pharmaceutical industry, administered by trade associations.
3. The 'Blue Guide on Advertising and Promotion of Medicines in the UK' explains the regulations and provides clarification on the Agency's interpretation of them and how advertising of medicines is regulated.
4. The Blue Guide can be downloaded from our website.
5. If an individual is convicted of offences under the Medicines Act 1968, they can be sentenced to a maximum of two years imprisonment and/or an unlimited fine. Where appropriate the MHRA will use the Proceeds of Crime Act 2002 to determine whether or not benefits were accrued through criminal activity and will recoup illicit earnings if the individual is found guilty. In cases involving counterfeit medicines, the MHRA will use the Fraud Act or Trade Marks Act which both carry a maximum of 10 years imprisonment.
Source:
MHRA
View drug information on Cialis; Levitra; Viagra.