In this article, Claire McCracken, Cara Hope and Aamir Khan in our Primary Care team consider the rise of fake online pharmacies and what it means for legitimate pharmacy businesses, including the potential regulatory, reputational and patient-safety risks and the steps owners can take to protect their business.
This autumn, the General Pharmaceutical Council (GPhC) held a roundtable discussion following a dramatic increase in reports of unregulated businesses posing as pharmacies online. Some of these phoney pharmacies were set up online under the guise of a legitimate pharmacy, but in reality, as a distributor of controlled substances and other illicit items, including firearms and fake banknotes (according to an investigation by London Centric) which caused for the GPhC to investigate further.
Online pharmacies have existed for many years and regular updates to pharmacy regulations throughout the development of the internet allow online pharmacies to run successful, legitimate businesses from one location while attending to patient needs across a much wider area. However, the accessibility of online prescription services has also unfortunately drawn interest from those unwilling to meet regulatory requirements and looking to make available more than your everyday paracetamol. Perhaps more dangerous are those masquerading as regulated pharmacies selling what appear to be the same prescription drugs as are available in your local pharmacy, but what is delivered is far from what the doctor ordered, with counterfeit and unsafe medications being sold through seemingly legitimate channels.
To lawfully operate an online pharmacy prescribing controlled substances, the business must be registered with the GPhC. An online pharmacy, in the eyes of the GPhC, acts as a ‘digital portal’ for the provision of pharmacy services without the in-person interaction in a local pharmacy. Last year, the GPhC published guidance on the provision of arm’s length pharmacy services, which include online pharmacies and delivery or pick-up services – essentially covering any method of handing a patient a prescription which does not include a traditional over the counter experience. While the GPhC can offer guidance to pharmacy superintendents on how online pharmacies should run, the regulations permitting the operation of an online pharmacy depend on the area of the UK the business intends to run from.
What’s the danger?
Having some version of an online platform for your pharmacy business is not at all uncommon today. It may not be to offer pharmacy services from a distance, but so much as having social media or a website with information around pharmacy opening times, appointments and services available. Having an online presence attracts new patients but can also attract criminals seeking to use your business’s good reputation for harm. It was noted at the roundtable that legitimate pharmacy businesses are being impersonated to allow criminals to deceive patients, including cloning GPhC registration numbers. This can have a harmful impact should an incident occur with illegitimate medication supposedly being supplied under a real GPhC registration, leading to unwarranted investigations against innocent pharmacy businesses. Not to mention the reputational damage a scam service under your business’s name can present.
In addition to individual businesses feeling the pressure, the regulation as a whole is facing a reputational scandal with criminals being able to set up websites in minutes providing a platform to attract and deceive customers with fake medication. The weight-loss medication craze in the last year has inflamed the situation also, with consumers desperately seeking affordable options in an instant, preyed upon by criminals impersonating pharmacy businesses to deliver medication that is unsuitable and potentially dangerous.
For patients, there is a serious risk of actual harm when prescriptions are mis-sold, counterfeits are used or medications provided without proper prescription. This is not to mention the damage to public confidence when viewing pharmacy websites, unsure whether to be trusting or not. While it can be easy to say some things seem too good to be true, convincing advertisements, website designs and clever use of language can easily mislead patients into consuming medication unsuitable for them or which shall have no real benefit at all if fake.
With the roundtable discussing one of the key root causes in the rise of false or misleading online pharmacies being the demand from patients for pharmaceutical services, it was identified that there must be an increase in public awareness of the risks arising from unregulated sites posing as pharmacies. Using the same methods criminals do to identify and lure in unsuspecting patients, the MHRA and GPhC have conducted social media campaigns to warn the public of the dangers. While patients can currently access the GPhC register to verify a pharmacy registration number, the GPhC have also confirmed they are taking steps to allow patients to search by web-address, which can be linked to a verified regulated pharmacy. There does not appear to be one-quick fix however, with the roundtable concluding this is an international issue that will require collaboration from a wide variety of partners in order to effectively tackle the problem. The roundtable discussion has been passed to the All-Party Parliamentary Group on Pharmacy to lead on the further actions to be taken.
As pharmacy business owner, some key steps you can take in the meantime include:
Ensure your business’ website contains information which can readily identify you as a GPhC registered pharmacy
If you are considering making available pharmacy services from a distance, ensure you have sought advice from your local Community Pharmacy representative body on what you need to do to remain compliant and regulated
Answer patient concerns with dignity and compassion, to educate on the dangers while remaining understanding of patient needs and why they may have turned to online services
Remain vigilant. Check what appears online under your pharmacy’s name and report possible misrepresentations to the relevant authorities
Seek guidance and advice. The GPhC, Community Pharmacy boards and your team at Weightmans LLP are here to support. Our dedicated team of primary care advisers, including regulatory and commercial lawyers are on hand to assist should you have concerns.
For more information on protecting your business, please contact our expert pharmacy solicitors.
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