UPS Agrees to $40 Million Fine in Fake Online Pharmacy Case

United Parcel Service has agreed to pay a $40 million fine for their failure to stop fake online pharmacies from using their service. They have also agreed to implement safeguards in the shipping systems going forward to prevent drug counterfeiters from using UPS to ship their products.

On March 29, 2013, the US Department of Justice announced a non-prosecution agreement with United Parcel Service (UPS) in which UPS agrees to pay a fine of $40 million to the Federal government, and also implement compliance procedures to ensure they no longer ship illicit and counterfeit drugs for illegal online pharmacies, reports Fox Business.

According to the Department of Justice (DOJ), “UPS has cooperated fully with the investigation and has already taken steps to ensure that illegal Internet pharmacies can no longer use its services to ship drugs. These voluntary improvements will be strengthened by the compliance program UPS will implement as a condition of this NPA.”

John Roth, Director of the FDA-OCI
Speaking at the 2012 Interchange.

United Parcel Service has agreed to pay a $40 million fine for their failure to stop fake online pharmacies from using their service. They have also agreed to implement safeguards in the shipping systems going forward to prevent drug counterfeiters from using UPS to ship their products.

On March 29, 2013, the US Department of Justice announced a non-prosecution agreement with United Parcel Service (UPS) in which UPS agrees to pay a fine of $40 million to the Federal government, and also implement compliance procedures to ensure they no longer ship illicit and counterfeit drugs for illegal online pharmacies, reports Fox Business.

According to the Department of Justice (DOJ), “UPS has cooperated fully with the investigation and has already taken steps to ensure that illegal Internet pharmacies can no longer use its services to ship drugs. These voluntary improvements will be strengthened by the compliance program UPS will implement as a condition of this NPA.”

USA Today reports that the Department of Justice has indicated that the $40 million represents UPS’ profits from their part in shipping for fake online pharmacies. USA Today also reports that UPS has been under investigation since 2004, and that UPS employees repeatedly attempted to notify UPS executives of their concerns about shipments from illicit pharmacies.

Starting in 2003, UPS was being notified by some of its employees that controlled substances and prescription-only medication were being shipped via the UPS system to customers patronizing illegal online pharmacy businesses, according the DOJ.

The DOJ explained UPS’ culpability in not following up on illegal use of shipping services. “Internet pharmacies operate illegally when they distribute controlled substances and prescription drugs that are not supported by valid prescriptions. A prescription based solely on a customer’s completion of an on-line questionnaire is not valid. Despite being on notice that this activity was occurring, UPS did not implement procedures to close the shipping accounts of Internet pharmacies.”

US Food and Drug Administration Director of Criminal Investigations John Roth (who spoke at the 2012 Interchange) stated in the Department of Justice press release ” “The results of this investigation will prompt a significant transformation of illicit internet pharmacy shipping and distribution practices, limiting the chances of potentially unapproved, counterfeit or otherwise unsafe prescription medications from reaching U.S. consumers. FDA is hopeful that the positive actions taken by UPS in this case will send a message to other shipping firms to put public health and safety above profits.”

UPS rival Fed Ex is also the target of federal investigators trying to block illicit pharmacy shipments. FedEx admits that they received subpoenas from the San Francisco federal grand jury twice; in 2008 and 2009. The San Francisco U.S. Attorney’s office is a primary player in the recent efforts to prosecute illicit online pharmacy operations. In the last two years, ten people have been prosecuted for their roles in connection with illicit internet pharmacies, according to the US News and World Report.

In the recent case of Chris Napoli and the Safescripts Online illicit online pharmacy, receipts from UPS and FedEx shipments were cited by prosecutors as evidence, reports The Boston Herald. Napoli and his Safescripts Online co-conspirators were part of an global organized crime group that sold more than 4.4 million doses of illicit prescriptions and controlled substances via their fake online pharmacy SafescriptsOnline, also known as PharmacyUSA, reports the DOJ on the occasion of their conviction.

As a consumer how does one protect oneself from fake online pharmacies? A good place to start is with the National Boards of Pharmacy program VIPPS. Each year they analyze and verify the legal compliance of web pharmacies. Their VIPPS program can help you find a genuine online pharmacy. You can also check the validity of a pharmacy you are considering by using Legitscript’s online verification tool. Using these common sense tools will make it much easier to buy medicine safely online.

By S. Imber