Q: Are there any issues associated with running ads for foreign online pharmacies in our newspaper and on our website?

A: The Food and Drug Administration takes the position that buying prescription drugs online from foreign pharmacies is illegal in almost all circumstances. The FDA has also raised safety concerns about buying imported drugs online and has warned consumers not to purchase them. Many online pharmacy ads purport to be associated with or ship from Canadian pharmacies, but there is no way to verify that fact and many are not, which could create significant safety risks for consumers.

The FDA is working to implement a statutory pathway for the importation of certain prescription drugs from Canada to reduce the cost for American consumers while minimizing risk to public health and safety. This work is taking place pursuant to Rule 804 of the Food, Drug and Cosmetic Act and FDA regulations. However, it is important to remember that the program is not yet fully implemented, and it will only apply to prescription drugs imported from Canada through pharmacies and wholesalers that comply with FDA rules including requirements for pre-approval by the FDA and Canadian authorities. You can read more about the FDA process and guidance for here.

It is also important to remember that Google, Inc. agreed to pay a $500 million fine to avoid criminal prosecution arising from online pharmacy ads selling to customers in the United States. The ads were placed via Google’s AdWords program on websites throughout the U.S. and were deemed illegal by the FDA and the Department of Justice. For more information on the Google fine, click here.

In light of the risks presented by foreign online pharmacy ads, PNA advises caution and consultation with your news organization’s private counsel prior to publication.

As always, this is not intended to be, nor should it be construed as, legal advice. Please contact your news organization’s attorney or the PNA Legal Hotline at (717) 703-3080 with specific questions.