Pharmacist avoids jail for illegally advertising prescription-only Viagra

A Pharmacist from Manchester, who advertised Viagra illegally, has luckily avoided an immediate jail sentence.

Mr William Parsons advertised Viagra and other prescription medication used to treat male impotence on his website Potency.co.uk which has now been removed from the web.

Parsons, who also ran a pharmacy in the Peak District, was given a suspended nine-month jail term at London's Southwark Crown Court on Thursday after previously being convicted of three counts of advertising prescription-only medicine.

Passing sentence, Judge Peter Testar said: "This defendant has behaved in a way that he knows was illegal. That's the mischief of what he has done. He sought to defend the indefensible."

The court heard Parsons ran the website and the Hayfield Pharmacy in Derbyshire from 1999 until he sold the combined businesses and premises for just under £500,000 in 2007.

Parsons used blank prescriptions obtained from a doctor in Cyprus to prescribe the drugs himself to customers visiting the website. The site boasted "special offers" on the drugs. Kennedy Talbot, prosecuting, estimated Parsons made more than £1,000 a month from sales.

An inspector from regulatory body the Medicine and Healthcare products Regulatory Agency (MHRA) visited the pharmacy in 2006 where the blank prescriptions were discovered. The inspector subsequently visited the website where he discovered the illegal offers.

Parsons was warned by the MHRA he would have to change his website in order to comply with the law, but the pharmacist refused.

Judge Testar said: "He carried on with the plainly illegal activity of advertising prescription only drugs. He simply decided he wasn't going to comply with the law. He thought if he carried on he wouldn't be stopped. These are regulations that are there for the protection of the public. The requirement of a prescription is there for a good reason."

The Judge said he had intended to pass an immediate custodial sentence but had decided not to as Parsons was the main provider of care for his sick wife. The nine-month sentence was suspended for two years. Parsons was also ordered to carry out 150 hours unpaid work in the community.

CHINESE COUNTERFEIT DRUG DISTRIBUTOR SENTENCED TO PRISON

A man from China was sentenced on Monday to 12 months and a day in prison for conspiring to distribute counterfeit pharmaceuticals, and trafficking in pharmaceuticals with false labeling and counterfeit trademarks. The sentence was announced by U.S. Attorney José Angel Moreno, Southern District of Texas. The investigation was conducted by agents with the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI), and the Food and Drug Administration's (FDA) Office of Criminal Investigations.

Kum Leung Chow, aka Lawrence Chow, 59, pleaded guilty to the federal charges on June 28 and sentenced on Monday to 12 months in prison by U.S. District Judge Kenneth M. Hoyt. Chow was arrested on Jan. 27 and has been in federal custody since that date and will remain in custody to serve out his sentence. Chow is subject to deportation after he completes his sentence.
The ICE HSI investigation began in January 2009 and revealed that Chow used a Hong Kong-based company named Kingdom International Enterprises LTD to obtain and distribute counterfeit Viagra and Cialis pharmaceutical drugs in the United States. Viagra and Cialis are prescription drugs that are FDA-approved and used to treat erectile dysfunction. They are registered trademarks on the principal register in the U.S. Patent and Trademark Office. Viagra is manufactured and distributed exclusively by Pfizer Pharmaceuticals, while Cialis is manufactured and distributed exclusively by Eli Lilly.
Chow offered boxes containing four Viagra tablets and boxes containing eight Cialis tablets for $10 a box on two Internet websites. The retail cost for each Viagra tablet is about $20, while each Cialis tablet is about $15.20. Working in an undercover capacity, ICE agents purchased about 1,120 Viagra tablets and about 360 Cialis tablets from Chow via the Internet on March 25, 2009, and April 28, 2009. Shipping documents accompanying the pharmaceuticals indicated they were exported from mainland China and Hong Kong.
The pharmaceuticals were later analyzed by the trademark holders and the FDA Forensic Chemistry Center which indicated the pharmaceuticals were counterfeit. These counterfeit pharmaceutical products may have harmed the public if law enforcement were not involved in monitoring the Internet.
Chow has been in federal custody since he was arrested Jan. 27; he will remain in custody to serve out his sentence.
Assistant U.S. Attorney Samuel Louis, Southern District of Texas, prosecuted the case.

Source: http://www.thecypresstimes.com/article/News/National_News/CHINESE_COUNTERFEIT_DRUG_DISTRIBUTOR_SENTENCED_TO_PRISON/36351