No place in Thailand
“Online pharmacy websites are extremely popular in Thailand with the booming of the internet and the social media,” said Dr Homhuan. Every business would like to go to the electronic market because it is faster and direct to the consumer. We don’t know how many websites there are but there are a lot.
“To set up an online pharmacy is very easy. Anyone can do it from any location, acquire drugs from anywhere, including pharmacies in Thailand, and ship them anywhere,” Dr Homhuan said.
“An online pharmacy is an establishment that operates over the internet and sends medicines to customers by post, shipping companies or couriers. They can be divided into three categories: Legitimate pharmacies operating within the same country the person is ordering from; legitimate pharmacies operating in a second country; and illegal pharmacies involved in various criminal activities, including the sale of counterfeit medicines.”
Crucially, the operation of any online pharmacy within Thailand – whether it sells legitimate medications or otherwise – is illegal here, added Dr Homhuan. This is not the case in many other countries, including the United States, where they can operate legally without a fixed location.
The Thai Drug Act B.E. 2510 (1967) explicitly prohibits the operation of online pharmacies as it requires that drugs be dispensed only by pharmacists on duty from a fixed address. Therefore the Drug Act does not allow a “virtual pharmacy” system. It also says that pharmacies must have suitable facilities and equipment, such as machines to dispense and count tablets and refrigeration units. The law covers only the sale of pharmaceuticals like medicines, but not health supplements such as certain vitamins, fish oil, and whey proteins.
“Thailand doesn’t have a law governing the online sale of pharmaceutical products because the Drug Act came into effect in 1967, before the internet and even personal computers existed. The Drug Act is very outdated and amending it has not been a priority for the Thai government. I hope that, in the future, online pharmacies can operate legally in Thailand and be effectively monitored by the government,” said Dr Homhuan.
The Thai Food and Drug Administration (FDA), an organization under the Ministry of Public Health, is operating under the guidelines of the 1967 Drug Act while a newer act written in 2003 is in the final stages of promulgation. When it becomes effective, many features will be changed accordingly, said Dr Homhuan.
“Many people in Thailand are now taking advantage of loopholes presented by a lack of regulation and selling counterfeit medicines that may contain dangerous ingredients and create deadly risks for patients. The medicines are normally placed in packages labeled as gifts or samples and posted through registered and express mail to customers in Thailand and especially abroad.
“In Thailand online websites consist mostly of advertisements with an e-mail address so the customer can contact them. From my experience, they operate without good ethics. Drugs should be prescribed by a doctor and dispensed by pharmacists. If someone who doesn’t have the knowledge can sell products like this it is very dangerous for the patient.”
He added that legitimate pharmacies in Thailand can and do operate websites, both in Thai and English, but even if they have all necessary permits and licenses they can’t advertise or give any information about the drugs available in their store. “This is illegal. What they can do is promote their store and present advisorials; for example, on the value of exercise, how to prevent hypertension, control blood sugar and so on. They can publish the address of the store as well as email address, telephone and fax numbers.
“Illegal online websites originating in Thailand are offering drugs banned or restricted by the FDA. The drugs could also be counterfeit, expired or go bad during transport which cause serious harm or even death. What’s more, customers are at risk of legal action being taken against them by the FDA or Customs if banned or restricted drugs addressed to them are found, for example at a post office. Credit card information can be stolen because most of the people running illegal online pharmacies are criminals. Another problem is that minors can order controlled substances.
“Ordering drugs banned or restricted in Thailand, which may be legally ordered online in other countries like Canada, the UK or US, won’t excuse customers from prosecution in Thailand,” Dr Homhuan warned.
“Some Thai pharmacies promote their stores on social media like Facebook or Twitter and use this channel as an online pharmacy, but if the FDA finds out about them they may be prosecuted, especially if they are offering risky drugs.
“In addition, they need to be careful about advertisements. For example, they cannot say that they sell oral contraceptives or drugs for erectile dysfunction.
“The FDA can’t do very much against websites that originate abroad but they can take action against those originating in Thailand.”