The following cases provide examples of how the FDA and State authorities have proceeded against alleged violators, and how the provisions of the  Federal Food, Drug and Cosmetic Act can be applied to curtail dangerous uses of the internet to sell pharmaceuticals. 

Click here (and scroll to the end of the linked document) for more extensive coverage of these cases, as well as a number of FDA case studies and border importation studies.

SAMPLE CASES

NORFOLK MEN'S CLINIC
On February 16, 2002,  a Federal jury in Alabama convicted 2 people of charges arising out of the operation of an online pharmacy that illegally sold prescription drugs to consumers over the Internet.  They were sentenced to more than 15 and 6.5 years, respectively.  Authorities were able to gather information on the violators by placing covert purchases over the Internet website after receiving information about the websites's activities.

DR. MARIO ALVAREZ-VALENTIN
On January 11, 2002, Dr. Mario Alvarez-Valentin was sentenced to 26 months imprisonment after pleading guilty to wire fraud in connection with the unlawful sale of Viagra over the Internet.  Alvarez-Valentin, a physician, contracted with various Internet websites to authorize prescriptions for Viagra for online purchasers throughout the United States.  Because Alvarez-Valentin was only licensed to practice medicine in Puerto Rico, dispensing the more than 4,000 prescriptions violated teh licensing laws of at least 20 states.

KWIKMED
On October 1, 2002, A Federal Grand Jury in Arizona returned a 198-count indictment against Kwikmed, Inc., Cymedic Health Group, Inc., four owners of these corporations, and two physicians associated with these corporations.  The indictment alleges that defendants operated a number of Internet websites through which they sold prescription drugs, including Viagra, Celebrex, Xenial, and Propecia.  Customers were required to complete a questionnaire, for a fee, which the website told customers would be reviewed by a physician.  The indictment alleged, however, that generally there were no medical consultations or reviews of the questionnaires before drugs were shipped to the customers.  The indictment also alleged adulteration due to mislabeling.

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