From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: We received an ad for an online pharmacy. Can we accept it?

A: Some online pharmacies are legitimate while others conduct legally questionable practices like importing drugs from Canada or not requiring prescriptions before dispensing medication. There are indications of reliability that a newspaper can look for when an online pharmacy ad is received.

A good indicator of reliability is approval by the State Board of Pharmacy. The Pharmacy Act prohibits pharmacies from operating or advertising in PA until the State Board of Pharmacy has granted a permit to conduct a pharmacy (63 P.S. § 390-4(h). A newspaper could request a copy of this permit or independently verify by searching the PA State Bureau of Professional and Occupational Affairs Web site: [CLICK HERE]
If a pharmacy has obtained a permit from the State Board of Pharmacy, it can legally sell pharmaceuticals in Pennsylvania.

Another good indicator of reliability is "VIPPS" certification. This certification is supported by the FDA and awarded by the National Board of Pharmacy based on a number of strict criteria including licensure by the state board of pharmacy of each state where medicine is shipped. CVS, Walgreens, drugstore.com and others have obtained this certification. Although this certification is not required by law, it is a great indicator of reliability. A newspaper should not hesitate to take an ad if an online pharmacy has gotten this certification. You can verify “VIPPS” certification: [CLICK HERE]

Online pharmacy ads frequently involve Canadian Pharmacies or importing drugs from Canada. The PNA recommends against running ads for Canadian Pharmacies. The Food and Drug Administration takes the position that, in most cases, importing prescription drugs from Canada is illegal. The Pennsylvania Pharmacists’ Association agrees. The FDA has taken action against storefront businesses that assist U.S. citizens in the importation of Canadian drugs, arguing that such activity violates the Food, Drug and Cosmetic Act. The FDA has also raised safety concerns about imported drugs, and has warned consumers not to purchase them.

As with all advertisements, an ad for an online pharmacy cannot be false, deceptive or misleading.

Please call the Legal Hotline at (717) 703-3080 for more information or to have a particular ad reviewed by PNA attorneys.

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PNA Legal Hotline: (717) 703-3080