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Online Pharmacies, Personal Drug Importation, and Public Health: Industry Dominance of “Stakeholders” Consulted by GAO

Continuing our quest to get the truth out and for our elected leaders in Congress to take bold action to protect online access to safe and affordable medication, we’re publishing a section a week of our report called Online Pharmacies, Personal Drug Importation, and Public Health. The Government Accountability Office Report on Internet pharmacies, which we’ve attested contains inaccuracies and is misleading about buying medication online, clearly relied heavily on pharmaceutical industry sources. Here’s how:

Some pharmaceutical companies, including many members of the PhRMA, view foreign online pharmacies as a commercial threat because Americans are able to obtain medications at lower prices leading to lower profits. The U.S. pharmacy industry views non-U.S. online pharmacies as unfair competition because the latter can charge lower prices. Many of the groups identified by GAO as stakeholders are drug companies and U.S. pharmacies or groups that they fund, including the following groups:

  1. Alliance for Safe Online Pharmacies
  2. International AntiCounterfeiting Coalition
  3. National Association of Boards of Pharmacy Pharmacies
  4. National Association of Chain Drug Stores
  5. National Community Pharmacists Association
  6. Partnership for Safe Medicines
  7. Pharmaceutical Security Institute
  8. PhRMA

Of the 35 stakeholder groups identified by GAO, at least 33% (13) are pharmaceutical companies or groups that receive funding by pharmaceutical companies or U.S. pharmacies. Another stakeholder is the Center for Safe Internet Pharmacies (CSIP), as are eight of its member companies. CSIP is a private consortium of businesses formed in response to pressure by the White House Office of the Intellectual Property Enforcement Coordinator, which mostly operates as another voice and information clearinghouse for the other stakeholders listed. Three associations representing U.S. pharmacy boards and pharmacies are listed above.

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Internet Society and Online Access to Affordable Medication: The Problem with dot Pharmacy

We’ve talked a lot about the efforts of the National Association of Boards of Pharmacy (NABP), funded by big pharmaceutical companies, to curtail online access to safe and affordable medication by conflating rogue online pharmacies with safe international online pharmacies: most distressingly through its application to the Internet Corporation for Assigned Names and Numbers. I had the opportunity to present our position about the importance of maximizing online access to safe and affordable prescription drugs by participating on a panel organized by the Internet Society New York Chapter. The focus of the panel overall was on public interest commitments as they pertain to new generic top level domains (gTLD) (i.e., new domain endings such as .book, .amazon, .religion, .nyc, and .pharmacy). Such gTLD’s area acquired through the opening up of this space by ICANN.

The mission of the Internet Society is directly applicable to the issue of online access to affordable medicine:  “By connecting the world, working with others, and advocating for equal access to the Internet, the Internet Society strives to make the world a better place.”

The NY Chapter recently held a meeting in my home borough of Brooklyn! Members of the New York Chapter are currently concerned with potential abuses of the .nyc domain space. For example, the organizer of the panel and board member, Thomas Lowenhaput, is concerned that a corporation like Domino’s or Pizza Hut will own the domain pizza.nyc, not only obtaining a commercial advantage but denigrating New York pizza’s culinary cultural soul. The heart and soul of New York pizza has nothing to do with national retail pizza chains so there should be safeguards preventing commercial abuses of those premium domain names. You get the idea!

On the panel, I talked about NABP’s plan to operate the domain space called .PHARMACY because we believe it furthers pharmaceutical corporate interests at the expense of consumers, although in this case the issue is health not pizza! I informed the meeting’s participants that the NABP’s application to ICANN to operate .PHARMACY was funded by pharmaceutical companies and that its domain registration policies will help serve their commercial interests. Not surprisingly, pharmaceutical companies prefer it when consumers pay much more at U.S. pharmacies for the same medications sold in Canadian and other foreign pharmacies at a much lower cost.

NABP’s policies will prohibit a .PHARMACY registration to any non-U.S. pharmacy that sells medication to consumers in the U.S. The basis for its policy mirrors and relies on the discriminatory U.S. and state regulations prohibiting safe personal drug importation. In so doing, NABP is using the levers of Internet governance to support domestic policies that impede consumers from obtaining medications they need. Essentially, in the parlance of the Internet Society, I told the group that NABP’s vision of .PHARMACY undermines the Internet’s promise as a tool to “make the world a better place.”

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ICANN and Online Pharmacies: NABP’s Scheme for .Pharmacy is not What’s Best for Global Consumers

A Letter to the ICANN Community

Today, the Wall Street Journal reported on the subject of rogue online pharmacies and the Internet Corporation for Assigned Names and Numbers (ICANN). The gist of the article is that ICANN is not doing enough to stop dangerous pharmacy websites. There is reason to believe that ICANN could do more but it could also do too much to the detriment of consumers who cannot afford medication locally. There’s an appropriate middle ground for getting rid of rogue pharmacy sites, but not overreaching and ending online access to safe and affordable medication. Willfully ending such access threatens the public health and treads on global norms relating to human rights and access to medications.

Earlier this month I attended an ICANN conference for the first time, which was in Los Angeles. We’ve written on several occasions about the application by the National Association of Boards of Pharmacy (NABP) to ICANN to operate a new generic top level domain (gTLD) called “.pharmacy”. To remind many of our readers, gTLDs are the endings of websites, such as .com, .org, .gov, .edu, .int, etc. The bottom line here is that we and many others believe that NABP, if its application is successful, will use its new ICANN-conferred legitimacy to stifle competition, mislead the public about online pharmacies, and in doing so curtail access by Americans and consumers worldwide to safe and affordable medication online.

I met many dedicated, interesting and well-informed people at the ICANN conference, including those serving within the ICANN community and others following it closely. To follow up with them I wrote the following letter.

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