From the category archives:

Website Owners

Yesterday, I wrote about the recent lawsuit filed by Google against certain internet pharmacy advertisers.  In the lawsuit, Google alleges breach of contract against Omar Jackman, John Doe “Simon” and John Does 2-50.
Specifically, Google alleges that  Jackman registered the domain name 4rx-online.com  and opened a Google AdWords account to run advertisements for his website, John [...]

In late September, Google filed a federal lawsuit, the first of its kind, against a number of “rogue” internet pharmacy advertisers and affiliates that Google claimed violated its Google Adwords policies.  Specifically, the lawsuit, against 50 unnamed “John and Jane Doe” Defendants, alleges that the Defendants circumvented Google’s Adwords restrictions, which require any advertising online [...]

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FDA Warns of Pet Internet Pharmacies

by dcooley on October 7, 2010

In March 2010, the FDA released a report warning users of the potentially “fraudulent” practices associated with internet pharmacies selling medication for pets, such as heartworm preventatives and nonsteroidal anti-inflammatory drugs (NSAIDs).  Specifically, the report warns that numerous veterinary internet pharmacies are selling expired or counterfeit drugs and selling drugs without a prescription.  The report [...]

Many federal circuits permit a good faith jury instruction in cases in which doctors are prosecuted under the Controlled Substances Act.  Internet pharmacy law cases involving doctors are no different.  Below is an illustrative case:
U.S. v. Hurwitz, 459 F.3d 463 (2006):  The Fourth Circuit Court of Appeals reversed Dr. William E. Hurtwitz’s conviction due to the [...]

The final rule on the “Implementation of the Ryan Haight Online Pharmacy Consumer Protection Act” (aka Ryan Haight Act) was published in the Federal Register Monday by the DEA and DOJ. It can be found here. It draws some interesting conclusions with respect to internet pharmacy law, and the new regulations only serve to increase already existing legal ambiguity.

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The development of Internet pharmacy law is really only in its infancy.  This may come as a surprise to those who have witnessed numerous pre Ryan Haight Act prosecutions over the last five years.  While there have been many indictments, convictions, mistrials and acquittals in the past few years, Appellate Courts have yet to render decisions on some of [...]