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Illinois sues four online pharmacies for fraud

Posted 11-1-99
By Chris Schreiber

Springfield, Ill. Illinois recently became the third state to challenge Internet pharmacy Web sites in court, filing four separate suits in what appears to be the beginning of a crackdown against the largely unregulated industry.

None of the four Web sites named in the suits-MaleClinic, MDhealthline, RxClinic, and Express Today, -are licensed to distribute drugs in Illinois, and their physicians do not have licenses to practice medicine in the state, the suit alleges. Illinois Attorney General Jim Ryan is charging all four sites with violating three state laws, including consumer fraud and pharmacy and medical practice laws. The suit also names three physicians and five corporate or pharmacy representatives.

"There are more [illegal] sites out there, but these were the companies that we found had the most egregious violations," said Lori Corral, spokesperson for the attorney general's office. Corral said investigators conducted a two-month undercover investigation geared "to send a message to these prescription providers." Corral said the sites required no proof of the consumers' medical history or the truthfulness of their answers to the surveys.

All four sites emphasize the privacy of using their services, and most feature one or more popular prescription drugs like sildenafil citrate (Viagra), finasteride (Propecia), orlistat (Xenical), and celecoxib (Celebrex). Consumers must agree to a waiver and are then charged for physician "consultations" only if they are approved for the drug they request. Two of the sites, rxclinic.com and maleclinic.com, have already added warnings that prescriptions cannot be sent to Illinois addresses. None of the pharmacies could be reached for comment.

A spokesperson for the American Medical Association, headquartered in Illinois, said the group supports the lawsuits and greater regulation of online sites in general.

"Web sites that offer a prescription solely based on a simple questionnaire are not sufficient," said AMA trustee Herman Abromowitz, MD, in a statement. "Patients are endangered when they are permitted to receive prescription medications via the Internet without adherence to proper safeguards that ensure good medical practices."

Two other states, Missouri and Kansas, have filed similar lawsuits against Internet pharmacy sites as the industry attempts to regulate itself and lawmakers consider legislation to force the issue. A recent study found a great health risk to consumers who use less reputable online pharmacy sites, which can distribute bad or poorly marked prescription medicine and leave the consumer with little recourse. The National Association of Boards of Pharmacy has attempted to help consumers with a certification that allows consumers to check the licensure of the site and the credentials of its physicians and pharmacists.