Congressional Online Piracy Legislation Faces Tidal Wave of Opposition

Americans, who struggle with the high cost of prescription medication and buy prescription drugs from safe non-U.S. online pharmacies, should include their voice in the swelling opposition to the Stop Online Piracy Act (SOPA) before Congress.

SOPA and its counterpart legislation in the Senate, the Protect Intellectual Property Act (PIPA), target reputable international online pharmacies, including those approved by PharmacyChecker.com, and seek to block access by Americans to safe and affordable prescription medication. These bills, if made into law, could be used to designate legitimate foreign online pharmacies as “dangers to the public health” and subject them to being blocked from the Internet as well as from appearing in search results and accepting credit card payments. 

Access to medication is just one part of the legislation, which also focuses on protecting copyrights. There is good reason to clamp down on online pirates and counterfeiters.  However,  as currently proposed, SOPA tramples on the U.S. Constitution, encourages censorship, stifles innovation, and even subverts our foreign policy efforts to encourage other governments to allow their citizens uncensored Internet access! For a fuller understanding of the access to affordable medicines issues at stake, please read: “SOPA will have grave effects on the health of hundreds of thousands of Americans”.

If you go to PharmacyChecker.com today, you’ll find that we’ve joined the huge opposition to SOPA by encouraging Americans to take action against this damaging legislation. You can protest SOPA now by contacting your elected officials from RxRight.org.

Share

Today we’d like to feature content from our ally RxRights.org, a non-profit group dedicated to protecting access to safe and affordable personal drug importation through verified online pharmacies:

Lee Graczyk, RxRights lead organizer, felt compelled to respond to a recent Washington Post editorial about the problem of Internet piracy and the legislation that has been crafted to address it. Though we have not had much luck getting the Post to publish Lee’s responses in the past, he
continues to try, and wanted to share his latest effort.

The Post editorial board was on target in stating that the Stop Online Piracy Act’s (SOPA) definition of a rogue site is dangerously overbroad and could threaten legitimate Web sites ["A fair block on Internet piracy" editorial, Jan. 3.] Its explanation, however, could go further to discuss the implications SOPA would have on Americans who import their medications from legitimate pharmacies.
Hundreds of thousands of Americans–90,000 people in Florida alone–rely on ordering vital prescription medications from safe, licensed Canadian and other international pharmacies, mostly due to the exorbitant costs of prescription drugs in the U.S. If passed, SOPA would take away Americans’ access to these pharmacies. This is because the bill inappropriately groups together real pharmacies–licensed, legitimate pharmacies that require a doctor’s prescription and sell brand-name medications–and the rogues that sell everything from diluted or counterfeit medicine to narcotics without a prescription.
As legislators continue to move forward with SOPA, as well as its Senate counterpart, the PROTECT IP Act, they should recognize this is not only an Internet infrastructure and security matter, but also a grave health concern.

 

This article can also be found on RxRights.org. PharmacyChecker.com is an RxRights coalition member.

 

Share

Our blog was created on behalf of the American consumer, to inform Americans, and the larger community interested in public health, about issues relating to personal drug importation, online pharmacies and drug prices. The three issues are inextricably linked; Americans are able to personally import prescription drugs from safe online pharmacies at affordable drug prices. This has helped millions of Americans, most without health insurance and, or, pharmacy benefits, afford needed medication. In fact, many Americans personally import safe medication that they would otherwise go without if their only options were U.S. pharmacies. Stopping them from doing so would be unacceptable, unethical, and a threat to the public health, and yet we find that is precisely the outcome for 2012 sought by the pharmaceutical and U.S. pharmacy industries.

Under U.S. law it is, in most circumstances, illegal to personally import prescription medication. For over a decade now, Americans have nonetheless taken matters into their own hands by acquiring the non-controlled medication they need outside the United States; and the U.S. Food and Drug Administration has, for the most part, not stopped them. Throughout this period, the pharmaceutical industry has vigorously lobbied against personal drug importation to combat the price competition it brings, which means greater drug affordability for Americans but lower profits for pharmaceutical companies and sometimes U.S. pharmacies.

And their efforts have flourished. Over the past couple of years we have closely followed political, legislative and pharmaceutical industry initiatives to overhaul the status quo by bringing  an end to online access to affordable medication. At the crux of these anti-consumer efforts is their communications strategy of deceptively attempting to link safe international online pharmacies, which require a valid prescription, with rogue online pharmacies that sell dangerous medication and don’t require a prescription, as if they operate a single black market in deadly counterfeit drugs that needs shutting down. Through these efforts, they have scared Americans away from safe and affordable medication, but their final goal is actually stopping the trade all together.

While there are safe online pharmacies, domestic and foreign, there is a real danger of counterfeit and deadly drugs sold throughout the world, including the United States’ own supply, and through rogue online pharmacies, so let’s attack the true dangers! However, it is neither morally defensible nor necessary to prevent Americans from online access to safe international online pharmacies that sell genuine and affordable medication, often at an 80% discount.  

How loudly must we remind our leaders of the government’s own dire statistics? Twenty-five million Americans couldn’t afford to fill their prescription in 2009 (U.S. Centers for Disease Control and Prevention). Even worse, the Commonwealth Fund’s findings show that 48 million Americans did not fill a prescription in 2010 due to cost, a 66% increase in non-adherence since 2001 (see RxSOS). When people don’t take their medicine they can get sick and even die – and the reality is that too often they do.

Safe international online pharmacies may not be the long term solution to the emergency gripping the country in which so many go without needed medication due to cost, but for now such sites provide a lifeline for approximately one million Americans each year. Cutting that lifeline poses a danger to the public health and is just plain wrong.

In 2012 we hope our elected officials and policy-makers will have the courage to stop federal and legislative actions, mostly pushed by the pharmaceutical industry that would block online access to safe and affordable medication. Such leaders are desperately needed now by the tens of millions of Americans who can’t afford prescription drugs in the United States.  

To help protect online access to safe and affordable medication we encourage Americans to join and work with RxRights.org, a non-profit organization dedicated to this cause.

Wishing You A Healthy and Happy New Year.

Gabriel Levit
Vice President
PharmacyChecker.com

Share

Counterfeit Drug Bill Gets Tough on Criminals, Not Consumers

A bill was introduced in the House of Representatives last week that would make repeat counterfeit drug offenders subject to 20-year maximum jail-terms with $4 million fines for individuals and $10 million if the defendant is an entity. PharmacyChecker.com applauds the introduction of H.R.3468, Counterfeit Drug Penalty Act of 2011, as we believe, if passed, it will act as a deterrent against individuals and businesses who endanger the public health by manufacturing and selling medication that is not subject to government regulations and oversight at best, and deadly at worst.

We also recognize that the bill’s language is clear not to blur the distinction between counterfeit and safe imported medication. The bill states:

Nothing in this Act, or the amendments made by this Act, shall be construed to apply to a drug (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) solely because the drug is manufactured in or imported from a foreign country.

In contrast,  the proposed  Stop Online Piracy Act and Protect IP Act, now before Congress, defines all personally imported medicine, including genuine medication as a threat to the “public health.” This should be opposed. This language appears to based on the lobbying rhetoric of the pharmaceutical industry to confuse lawmakers and consumers into believing the false proposition that all personally imported medicine purchased through online pharmacies is to be considered counterfeit. Thus, it’s a positive development that H.R. 3468 is crystal clear about the difference between counterfeit and imported drugs.

Stopping drug counterfeiters, whether they infiltrate the domestic supply chain by selling products to U.S. pharmacies or export dangerous drugs ordered online directly to Americans, protects the public health. The Counterfeit Drug Penalty Act seems to go after the real bad guys while not interfering with access to safe and affordable imported medicine and we hope it passes soon.

Share

RxRights.org Opposition to “Stop Online Piracy Act” Featured On CBS Florida Affiliate

The “Stop Online Piracy Act” (SOPA), currently before Congress, threatens online access to safe and affordable medication through reputable international online pharmacies. A CBS-Fort Myers report gives a human face to this issue by highlighting a Floridian senior, Mary Miller, who is able to afford her medication only because of a Canadian online pharmacy. If SOPA passes, Ms. Miller may lose access to that Canadian online pharmacy. The CBS report features RxRights.org as the lead organization helping Americans rally to contact their elected officials to oppose SOPA.

Stopping rogue sites in many areas, such as those sites that steal and re-sell copyrighted movies and music, sell knockoffs of designer handbags and clothes, and especially those that sell dangerous or fake medication is the right idea. But a bill that could takedown many websites that are exercising the rights of free speech, publishing music and movies legally, and especially websites selling safe and affordable medication, is a bill that should be abandoned post-haste.

RxRights.org should be loudly applauded for its work on behalf of Americans who are struggling to afford medication by educating Americans about SOPA and how it could block access to affordable prescription medication.

Share

UPDATED: August 24, 2011, 6:30pm

The United States Department of Justice just announced that Google will be paying a $500 million penalty to the U.S. government for allowing Canadian pharmacies to advertise to Americans. We are familiar with this case, having been asked to testify in it – and we are mentioned several times in the settlement.

Although we tried to help Google vet pharmacy advertisers from 2006 to 2009, it is clear that Google was not limiting pharmacy advertisers to just those verified in our Pharmacy Verification Program – as noted on pages 4 and 5 of the settlement. That was bad because it allowed advertising by pharmacies that did not require valid U.S. prescriptions and/or sold controlled substances into the U.S.  – activities which we do not permit in our program. As noted on page 6 of the settlement, the $500 million amount is based on revenues generated from the advertising and sales of “controlled” substances, not all medicines.

On the other hand, we believe that efforts to help Americans find more affordable and safe sources of medication are necessary and should be praised. And Google also did that: Although it can’t anymore – at least not through advertisements  – and we think that’s wrong.

Unfortunately, the Department of Justice is publicizing the settlement in a misleading manner that paints all non-U.S. online pharmacies as “patently unsafe,” and “contributing to America’s pill problem”.  Peer-reviewed research shows that buying prescription medications from licensed pharmacies in other countries, and specifically those verified in the PharmacyChecker.com Verification Program, is safe. Genuine medicines (and no controlled substances) are obtained, typically at savings of 80% or more on brand name medications – and prescriptions are required.  Also, while the DOJ’s announcement emphasizes the illegality of personal drug importation, it fails to mention that individuals, as a matter of FDA’s policies, are not prosecuted for buying non-controlled drugs from outside the U.S. for their own use.

An FDA representative says in today’s announcement that the settlement “demonstrates the commitment of the Food and Drug Administration to protect the US consumer and hold all contributing parties accountable for conduct that results in vast profits at the expense of public health.” While this is in part true, it ignores the fact that much greater profits are being made by pharmaceutical companies at the expense of public health by keeping Americans captive to inflated drug prices. As the Centers for Disease Control and Prevention recently reported, 25 million Americans did not take their prescribed medication due to cost in 2009, almost double the number in 1997. Personal drug importation from properly verified and reputable Canadian online pharmacies clearly benefits public health by making drugs more affordable for Americans.

For a take on this situation from the perspective of a knowledgeable physician who purchases his own medicine from abroad, see the recent article by Stephen Barrett, M.D., founder of Pharmwatch.org and Quackwatch.org.

Share

Beware of Fake DEA Agent Online Pharmacy Scam

A recent article in The Muskegon Chronicle warns of a new scam against consumers who buy prescription drugs online. The Chronicle reports:

Some people who bought prescriptions online later received calls from someone claiming to be an agent of the Drug Enforcement Agency, who demanded they wire a “fine” to avoid being arrested.

Anyone receiving a telephone call from a person claiming to be a DEA special agent or other law enforcement official seeking money should refuse the demand and report the threat by calling 1-877-792-2873.

While buying drugs online from Canada and other countries is, under most circumstances, technically illegal, individuals who import non-controlled products for their own personal use are not prosecuted. There is no reason whatsoever that a DEA or FDA agent would contact someone who purchased controlled or regular prescription drugs online asking for, or demanding payment of, a fine. Just as the article suggests, if you are targeted in this fake DEA scam, please report the threat to law enforcement officials immediately.

As a reminder, reputable international online pharmacies do not sell controlled substances to Americans. Federal law, under the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, mandates that only U.S. pharmacies with a DEA license can sell controlled substances online, pursuant to a valid prescription based on face-to-face consultation with a licensed U.S. physician. Learn more about buying controlled substances online.

 

 

Share

NABP July 2011 Progress Report – Is Turning a Blind Eye Toward Needy Americans Really Progress?

In its July 2011 Progress Report, the National Association of Boards of Pharmacy (NABP) continues to do a disservice to Americans by classifying safe pharmacies in other countries as “rogue.” Out of the 8,000 sites “Not Recommended” by NABP, PharmacyChecker.com research shows 53 are safe international online pharmacies.

It is laudable and helpful to Americans when the NABP exposes truly rogue pharmacies, i.e., those that sell Americans fake drugs or even real drugs but without a prescription. However, the NABP has chosen, year after year, to lump in with these rogues, any pharmacy that is not based in the United States.

How can the NABP do this? Unfortunately, U.S. law says it is, under most circumstances, illegal for Americans to get their medicine from Canada or other countries. So NABP freely uses terms like “rogue,” “illicit,” and “illegal” when describing any foreign pharmacy. We see no reason to mislead the public into thinking that safe foreign pharmacies pose a danger and belong in the same group as rogue pharmacies. (more…)

Share

PharmacyChecker.com was mentioned this week in a U.S. News and World Report article entitled How to Cut Your Drug Costs. Listed among other effective ways to save money on prescription drugs, the article notes that PharmacyChecker “compares prices of mail-order pharmacies, and can help you find the lowest posted prices.

How to Cut Your Drug Costs reminds readers that buying drugs from Canada – and elsewhere overseas – is technically illegal, but it quotes AARP: “Over the past decade millions of Americans have ignored U.S. law to seek cheaper prices from Canada, most often by mail order.” Notably, AARP found Canadian prices for Lipitor to be about a third less than they are here in the U.S. The fact that the FDA has (to our knowledge) never prosecuted an individual for importing a three-month supply of personal, non-controlled drugs with a valid prescription, means that they too understand the importance of access to safe and affordable medication. (more…)

Share

Senator Schumer’s Crackdown on Rogue Online Pharmacies: A Smart Approach

Senator Charles Schumer (D-NY) is calling for a crackdown on rogue online pharmacies to curtail prescription drug abuse. Senator Schumer’s emphasis is on stopping online pharmacies that sell drugs without a prescription, particularly addictive drugs, such as Adderall and Xanax, which are controlled substances.  We commend Senator Schumer on his actions. Since we first began our own work in 2002, a key requirement for an online pharmacy to be approved in the PharmacyChecker.com Verification Program has been that it require a valid U.S. prescription before dispensing any drug to an American. We also require that any pharmacy selling controlled substances to Americans be based in the U.S. and comply with the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 – legislation intended to curb drug abuse.

This is not Senator Schumer’s first call to arms regarding online pharmacies. In 2006, he co-sponsored the Internet Pharmacy Consumer Protection Act (S. 399), a bill to curb the sale of prescription drugs over the Internet without a valid prescription. A press release from Schumer’s office noted, “the bill is geared to domestic Internet pharmacies that sell drugs without a valid prescription, not international pharmacies that sell drugs at a low cost to individuals who have a valid prescription from their U.S. doctors.” Unfortunately, S. 399 never became law. (more…)

Share
Get Adobe Flash playerPlugin by wpburn.com wordpress themes