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Consumer Protection
The Online Pharmacy and Prescription Drugs
==========================================

By Aaron Larson
Law Offices of Aaron Larson

July, 2003
Contents
--------

Are Online Pharmacies Legal?
Why Do People Use Online Pharmacies?

Is It Always Cheaper?
As online pharmacies gain a larger share of the prescription drug
market, consumers must be aware of the possible problems associated
with obtaining an online prescription for a medication, or purchasing
a drug online. These issues become even more significant when ordering
from overseas pharmacies, including those in Mexico.

Are Online Pharmacies Legal?
----------------------------
In general, a United States resident with a valid prescription may
bring into the country up to ninety (90) days supply of a medication
for personal use. While it was historically possible to order such
medicines over the Internet, regulations now require that the
medications be brought back in person, and exclude the import of
controlled substances. While a number of online pharmacies operate
from overseas locations, if their shipments of medicine into the
United States are detected the medication will be seized.

At present, a number of online pharmacies have suspended operations
due to a decision by the FDA to act against online pharmacies that
engage in the online prescription of controlled substances. In
addition, the FDA and DEA require that an individual be examined in
person by the prescribing physician before receiving certain
controlled substances from an online pharmacy, as opposed to
completing an online questionnaire that is later reviewed by a doctor.
Why Do People Use Online Pharmacies?
------------------------------------

There are two leading reasons why people choose to obtain prescription
drugs online. The first is cost. Due to the economics of health care
in the United States, consumers often must pay a significantly higher
price for medication than consumers in other countries. A second
reason is privacy. Some people prefer to obtain their prescriptions
online, even at a higher cost, than to consult a doctor in person
about issues such as depression, hair loss, or erectile dysfunction.
Sales of antidepressant medications, Viagra, Propecia, and diet drugs
such as Phentermine or Xenical are now an enormous business.
For many years, consumers near Canada have driven across the border to
buy their drugs at considerable savings from Canadian pharmacies. Now
consumers across the country can purchase from a Canadian pharmacy by
mail. Canadian pharmacies typically require proof of identity and a
valid prescription. Unless issued by a doctor who is also licensed to
practice medicine in Canada, U.S. prescriptions will be reissued by a
Canadian doctor. U.S. consumers near the Mexican border have also
historically crossed the border to make drug purchases from Mexican
pharmacies, but as described below there are special concerns raised
by purchasing drugs from a Mexican pharmacy.

Is It Always Cheaper?
---------------------
It is usually possible to obtain savings by purchasing prescription
drugs online, even from a major U.S. pharmacy, when you have a
prescription issued to you in person. It is usually not cheaper to
obtain medications through an online prescription service, which
usually marks up the price substantially even when nominally offering
a "free" prescription. That mark-up may be comparable to the cost of
an in-person medical examination, and may significantly exceed that
cost when refills will be required.

Also, as noted above, price cannot always be the leading
consideration. If you don't know that you will be receiving the actual
medication that was prescribed for you, you must put safety ahead of
price.
For additional information, please see these associated articles:

Government Concerns About Online Pharmacies
Protecting Yourself While Using An Online Pharmacy

Copyright © 2003 - 2007 Aaron Larson. All rights reserved. No portion
of this article may be reproduced without the express written
permission of the copyright holder, except as follows: You may link
this article to your website, either directly or through an ExpertLaw
Library index page, provided your link does not depict this article,
its author, or expertlaw.com in a negative manner.
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