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Consumer Health Digest #07-50
December 25, 2007
Current # of subscribers: 11,744
Consumer Health Digest is a free weekly e-mail newsletter edited by
Stephen Barrett, M.D., and cosponsored by NCAHF and Quackwatch. It
summarizes scientific reports; legislative developments; enforcement
actions; news reports; Web site evaluations; recommended and
nonrecommended books; and other information relevant to consumer
protection and consumer decision-making. Donations to help support
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http://www.quackwatch.org/00AboutQuackwatch/donations.html###
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If you haven't already done so, please read
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support our work.
###
Compounding pharmacy in serious trouble.
The Texas Attorney General has charged Apothecure and its owner Gary
Osborn with violating the Texas Deceptive Trade Practices Act and the
Texas Food, Drug and Cosmetic Act. Texas also took action against
Spectra Pharm Inc., an Apothecure-owned retail store that advertises
and sells over-the-counter drugs and dietary supplements. [Attorney
General Abbott takes legal action against drug manufacturer for
substandard practices. Texas Attorney General news release, Dec 11, 2007]
http://www.oag.state.tx.us/oagnews/release.php?id=2298 Licensed pharmacies in Texas can legally compound drugs by combining,
mixing or altering ingredients to create a customized medication for an
individual patient based on a physician's prescription. However,
Texas law requires that customized compounded drugs be approved by
the FDA.The complaint charges that the defendants:
**Formulated and sold a highly potent injectable painkiller mixture
linked to three deaths in Oregon and Washington. The victims received
dosages with a potency of 4 milligrams per milliliter, rather than
the 0.5 milligrams per milliliter stated on the government-approved
dosage labels.
**Unlawfully manufacture drugs not approved by the FDA, and do so
under the guise of "compounding" prescription drugs.
**Failed to use proper manufacturing practices, employed incorrect
labels, and improperly claimed that its "dietary supplements" were
effective against cancer, blood clots, blood pressure and diabetes.
http://www.casewatch.org/ag/tx/apothecure/complaint.pdfIn parallel actions, Oregon has charged Apothecure with illegally
distributing drugs without a state-issued pharmacy or drug
manufacturing license. The Oregon Board of Pharmacy has proposed to
assess a $500,000 penalty. [Oregon and Texas AGs sue texas unlicensed
compounding pharmacy; Oregon pharmacy board takes administrative
action. Oregon Department of Justice news release, Dec 11, 2007]
http://www.doj.state.or.us/releases/2007/rel121107.shtml Apothecure
is one of several compounding pharmacies that network with maverick
practitioners who offer chelation therapy and other unsubstantiated
treatments.
###
"Rogue" Internet pharmacies listed.
PharmacyChecker.com.
http://www.pharmacychecker.com has listed 36
pharmacies that show no evidence of being licensed and may display
unauthorized or altered verification seals from PharmacyChecker.com
or other third-parties. These Web sites may put consumers' health and
money at risk. PharmacyChecker.com has received the following types
of complaints about these sites:
**Credit cards were charged (or overcharged) but no drugs were delivered.
**Delivery dates were continually postponed (e.g., item was "out of
stock", or "seized by Customs").
**Incorrect or fake drugs were received.
**There was no order confirmation.
**No prescription were requested or required.
**Customer inquiries were ignored: phones were not answered or
messages were not returned.
**Customer inquiries got evasive or uninformative responses such as
"the manager isn't here today."
In 2003, PharmacyChecker established a verification program to help
consumers find qualified online pharmacies. The PharmacyChecker Seal
indicates that a Web site markets prescription drugs dispensed from a
pharmacy in good standing.
###
Internet pharmacy ring included former AIDS scammer.
Three medical doctors were among 14 people charged with the illegal
distribution of controlled substances through the Internet. [Fourteen
charged in Internet pharmacy ring. USDOJ news release, Feb 8, 2007]
http://www.pharmwatch.org/reg/internet_pharmacy_ring.shtml The
indictment described how several Web sites offered weight loss dugs
and sleeping pills.
http://www.casewatch.org/doj/ellis_indictment.pdf After indicating the desired product(s), buyers were directed to
another site to fill out a brief questionnaire and then another site
to arrange for payment. After payment was received, the questionnaire
was e-mailed to one of the doctors who would approve the purchase,
which was filled by a pharmacy belonging to the ring. The doctors
never communicated with or confirmed the identity of the buyers.
Regulators learned about the ring after a mother and son committed
suicide with pills obtained in this way. The prescription was written
by Everett Echols II, M.D., who has a long history of regulatory
difficulty. In 1992, his Tennessee medical license was suspended for
several months for selling a phony AIDS treatment. He remained on
probation and practiced in Tennessee for a few years and then
relocated to North Carolina. In 1996, he was charged with 21 counts
of prescribing controlled substances without being registered with
the Drug Enforcement Administration. In 1998, after he pled guilty in
federal court to two counts, the North Carolina Medical Board
suspended his license for 90 days. In 2004, after the board learned
about his pharmacy ring involvement, it revoked his North Carolina
license. During the investigation, Echols said that he had authorized
244,000 prescriptions over an 8-month period, for which he was paid
$3 per prescription. [Barrett S. "AIDS cure" scammers in repeated
trouble. Quackwatch, Dec 24, 2007]
http://www.quackwatch.org/11Ind/echols.html###
Top-level Mannatech distributor convicted of tax evasion.
Raymond G. Gebauer, of Lake Sammamish, Washington, has been convicted
of failing to pay income tax for the years 1998 through 2001. [Lake
Sammamish resident convicted on four counts of tax evasion:
Multi-level marketing guru failed to file income tax returns on
millions of dollars of income. USDOJ news release, Aug 18, 2007]
http://www.usdoj.gov/usao/waw/press/2007/aug/gebauer.html At trial,
prosecutors proved that he had filed no federal tax returns during
that period despite gross income of over $3.5 million. Gebauer's Web
site stated that he had made more than $20,000 per month selling
Mannatech products. He is also author of the book How to Cure and
Prevent any Disease. His sentencing has been scheduled for February
2008. He reportedly was one of Mannatech's top sellers, with a
downline network of 714,000 associates and customers. [Sataline S.
Top Mannatech supplement seller is found guilty of tax evasion. Wall
Street Journal, Aug 14, 2007]
http://online.wsj.com/article/SB118713131702197779.html###
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Stephen Barrett, M.D.
Board Chairman, Quackwatch, Inc.
Chatham Crossing, Suite 107/208
11312 U.S. 15 501 North
Chapel Hill, NC 27517
Telephone: (919) 533-6009
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Editor, Consumer Health Digest
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