WITH their eye-catching designs and grandiose promises, websites are increasingly luring people to buy all kinds of drugs and medicines from online pharmacies.
But there’s a dark side to many of these sites, as ordering drugs from them could seriously harm your health and leave you vulnerable to credit card fraud. You might also find yourself in hot water with the Thai authorities.
Dr Atthachai Homhuan, who has 15 years’ experience as a pharmacist and currently works as a senior consultant for the Regulatory and Intellectual Property (IP) Affairs division at Tilleke & Gibbins International, a leading law firm in Thailand, explains here some of the pitfalls when dealing with online pharmacies.
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.”
Dangerous drugs
The FDA is also watching online pharmacies that send out illegal and potentially dangerous medicines that induce abortion. “These are used by women with an unwanted pregnancy and who are afraid or ashamed to consult a doctor. Almost all illegal online pharmacies offer these medicines,” Dr Homhuan said.
“Apart from that, many medicines offered by pharmacies online are intended to treat sexual dysfunction. Medicines like Viagra should be prescribed by a doctor. In addition, there are a number of medicines, like those for allergy rhinitis, which are banned in Thailand or only available with a doctor’s prescription.
“I want to emphasize that online pharmacies commonly dispense strong drugs classed as narcotics, like for pain relief, and also psychotropic medications and sleeping pills. These drugs are often misused and as a result create social problems. They are also extremely dangerous when mixed with other medicines.
“However, you can find all of these products offered in Thailand on the internet, usually in the form of a spam email.”
The government is watching
Dr Homhuan said the FDA coordinates with the Ministry of Information and Communication Technology (MICT), which takes care of electronic websites and also with the National Broadcasting and Telecommunication Commission (NBTC) to monitor the advertisement of healthcare products via the internet.
“Recently, the FDA hosted a seminar with the NBTC regarding the advertisement of healthcare products via electronic media. The seminar was beneficial for entrepreneurs and other business people working within the healthcare sector. Attendees discussed what kind of advertisements should be allowed on the internet, radio and television.
“Some Thais order drugs from online pharmacies based abroad or websites like eBay or Amazon because they can’t find them in Thailand or they are more expensive here.
“On the other hand, people in the United States or Europe say that some products available in Thailand, made by the company holding the patent are identical in quality and much cheaper in Thailand than in their own countries.”
In fact, the purchase of veterinary drugs and vaccines for animals in Thailand by foreigners has long been a topical issue and many foreigners are now looking to buy these products from online operators in Thailand. Dr Homhuan cautioned that drugs for animals or people that are imported to Thailand must be registered properly with the Thai FDA. If a specific product is not registered it is illegal to sell it in Thailand.
“It is not only medicines people are ordering online but also cosmetics and health supplements.
“This is another ‘grey area’ because the products can be imported, then advertised on social media and the business can start. Websites offering cosmetics and health supplements aren’t illegal but the products must also be registered correctly with the Thai FDA as a safeguard to ensure safety, quality and effectiveness of the products.”
Dead on delivery
“Imagine, when you order a medicine from another country it will pass through many steps,” said Dr Homhuan. “Variations in temperature alone can cause the product to deteriorate. What’s more, online sellers can give the customer anything – it may be expired or counterfeit. It is very difficult for the customer to really know what he or she is buying. The packaging could say, for example, Viagra, but inside contains something else.
“Many times the Thai FDA has found products sent to customers that were counterfeited and contained totally different ingredients which could endanger health or even life. Therefore, the Thai government is trying to educate people to avoid consuming or ordering medicines through the internet.
“Medicines ordered by customers in Thailand are usually sent by parcel via the general postal service, and if the person ordering is lucky the parcel will go through. Some packages are opened and checked by the post office or Customs. If Thai authorities find banned or regulated medicines, especially narcotics, they will seize them and find the person the parcel is addressed to and punish them a
WITH their eye-catching designs and grandiose promises, websites are increasingly luring people to buy all kinds of drugs and medicines from online pharmacies.
But there’s a dark side to many of these sites, as ordering drugs from them could seriously harm your health and leave you vulnerable to credit card fraud. You might also find yourself in hot water with the Thai authorities.
Dr Atthachai Homhuan, who has 15 years’ experience as a pharmacist and currently works as a senior consultant for the Regulatory and Intellectual Property (IP) Affairs division at Tilleke & Gibbins International, a leading law firm in Thailand, explains here some of the pitfalls when dealing with online pharmacies.
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.”
Dangerous drugs
The FDA is also watching online pharmacies that send out illegal and potentially dangerous medicines that induce abortion. “These are used by women with an unwanted pregnancy and who are afraid or ashamed to consult a doctor. Almost all illegal online pharmacies offer these medicines,” Dr Homhuan said.
“Apart from that, many medicines offered by pharmacies online are intended to treat sexual dysfunction. Medicines like Viagra should be prescribed by a doctor. In addition, there are a number of medicines, like those for allergy rhinitis, which are banned in Thailand or only available with a doctor’s prescription.
“I want to emphasize that online pharmacies commonly dispense strong drugs classed as narcotics, like for pain relief, and also psychotropic medications and sleeping pills. These drugs are often misused and as a result create social problems. They are also extremely dangerous when mixed with other medicines.
“However, you can find all of these products offered in Thailand on the internet, usually in the form of a spam email.”
The government is watching
Dr Homhuan said the FDA coordinates with the Ministry of Information and Communication Technology (MICT), which takes care of electronic websites and also with the National Broadcasting and Telecommunication Commission (NBTC) to monitor the advertisement of healthcare products via the internet.
“Recently, the FDA hosted a seminar with the NBTC regarding the advertisement of healthcare products via electronic media. The seminar was beneficial for entrepreneurs and other business people working within the healthcare sector. Attendees discussed what kind of advertisements should be allowed on the internet, radio and television.
“Some Thais order drugs from online pharmacies based abroad or websites like eBay or Amazon because they can’t find them in Thailand or they are more expensive here.
“On the other hand, people in the United States or Europe say that some products available in Thailand, made by the company holding the patent are identical in quality and much cheaper in Thailand than in their own countries.”
In fact, the purchase of veterinary drugs and vaccines for animals in Thailand by foreigners has long been a topical issue and many foreigners are now looking to buy these products from online operators in Thailand. Dr Homhuan cautioned that drugs for animals or people that are imported to Thailand must be registered properly with the Thai FDA. If a specific product is not registered it is illegal to sell it in Thailand.
“It is not only medicines people are ordering online but also cosmetics and health supplements.
“This is another ‘grey area’ because the products can be imported, then advertised on social media and the business can start. Websites offering cosmetics and health supplements aren’t illegal but the products must also be registered correctly with the Thai FDA as a safeguard to ensure safety, quality and effectiveness of the products.”
Dead on delivery
“Imagine, when you order a medicine from another country it will pass through many steps,” said Dr Homhuan. “Variations in temperature alone can cause the product to deteriorate. What’s more, online sellers can give the customer anything – it may be expired or counterfeit. It is very difficult for the customer to really know what he or she is buying. The packaging could say, for example, Viagra, but inside contains something else.
“Many times the Thai FDA has found products sent to customers that were counterfeited and contained totally different ingredients which could endanger health or even life. Therefore, the Thai government is trying to educate people to avoid consuming or ordering medicines through the internet.
“Medicines ordered by customers in Thailand are usually sent by parcel via the general postal service, and if the person ordering is lucky the parcel will go through. Some packages are opened and checked by the post office or Customs. If Thai authorities find banned or regulated medicines, especially narcotics, they will seize them and find the person the parcel is addressed to and punish them a
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