Potatohead:
I'm glad to contribute. Here's some more info I compiled recently; I was going to write an article on the legalities of foreign pharmacies. In any event, it essentially reiterates how impotent the FDA is in interdicting the activities of foreign pharmacies. It however also outlines a draconian FDA proposal that ALL foreign pharmaceuticals sent to the US be sent back to coutry orf origin!?!
As part of its enforcement efforts, in July 2000 the FDA announced the ““Cyber Letter”” program in response to the rapidly growing number of overseas Internet pharmacies. Through the Cyber Letter Program, the FDA sends letters ““electronically via the Internet, to web sites that offer to sell online prescription drugs that may be illegal. The letters warn these web site operators that they may be engaged in illegal activities and informs them of the [U.S.] laws that govern prescription drug sales.””7 These Cyber Letters are similar to traditional ““Warning Letters”” or ““Untitled Letters,”” which the agency sends to organizations or individuals it believes are engaged in violative activities. Although Cyber Letters are not the most effective enforcement tool, the FDA reported that it has received positive responses from twenty percent of the Cyber Letter recipients.8
Recently, the FDA responded to this lack of effectiveness with a bold proposal. On June 7, 2001, the FDA recommended to the House Committee on Commerce, Subcommittee on Oversight and Investigations that all pharmaceuticals mailed to consumers from foreign countries be sent back to the country of origin, with a very narrow exception for experimental medicines for life threatening diseases not available in the U.S.9 The FDA proposal is currently under consideration by the Department of Health and Human Services.
The level of FDA monitoring and enforcement activity directed towards online pharmacies has rapidly increased over the last several years. As of September 5, 2001, the FDA had 90 web sites under active review for possible regulatory or civil action.10 Forty-eight Warning Letters have been sent to domestic online pharmacies/sellers and 121 Cyber Letters have been sent to Internet sites offering to sell prescription or unapproved drugs.11 Further, in cooperation with the Department of Justice (DOJ), five preliminary injunctions have been imposed on the sale of illegal products
RW