Man Sentenced For Dealing In Counterfeit Medicines Worth At Least 1.8million Pounds

Main Category: Medical Malpractice / Litigation
Also Included In: Public Health
Article Date: 04 Jul 2008 - 14:00 PDT

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Mr Viraj Shah (37) of 33 Oakfield Avenue, Kenton, Harrow, Middlesex HA3 8TH was sentenced to 51 weeks imprisonment, suspended for two years, and to 40 hours community service for dealing in counterfeit medicines. Mr Shah appeared at Kingston Crown Court following an investigation by the Medicines and Healthcare products Regulatory Agency (MHRA).

The case started back in May 2006, when HM Revenue & Customs officers were conducting routine examinations of a number of consignments at Heathrow Airport. A shipment of healthcare products was selected for examination, destined for the Bahamas from a company called Oyster Corporation based in United Arab Emirates. The shipment consisted of 23 boxes on four pallets, weighing 385kgs. Each box was opened and was found to contain further unmarked boxes containing packages of branded medicines. In total the officers found seven different types of prescription-only medicines: Nexium, Diovan, Propecia, Actonel, Lipitor, Ezetrol and Hyzaar. The packaging of the boxes, particularly Nexium, appeared inconsistent in colouring with each other and so the shipment was detained to make authenticity checks with the manufacturer. Samples of the seized medicines were sent for analysis and found to be counterfeit in every case.

In June 2006, investigators from the MHRA and the police visited Mr Shah's address where they found a yellow bag in the garage. This bag contained 10 blister packs each containing 14 dark blue and white tablets marked "Reductil", a prescription-only medicine to treat obesity. Samples of the packaging and tablets were analysed and found to be counterfeit.

Mick Deats, Group Manager of Enforcement at the MHRA said, "Anybody engaged in the distribution of counterfeit medicines represents a significant threat to public health, both to individual patients and in undermining the health system. The MHRA will not hesitate to take action against those involved in this serious criminal activity."

Notes

1. Nexium is used to reduce stomach acid. Diovan is used to treat high blood pressure. Propecia is used to treat hair loss. Actonel is used to treat bone diseases (osteoporosis). Lipitor and Ezetrol are cholesterol-lowering medicines. Hyzaar is used for fluid retention.

2. Mr Shah pleaded guilty to seven counts under the Trade Marks Act 1994 on 12 February 2008.

3. If an individual is convicted of offences under the Medicines Act 1968, they can be sentenced to a maximum of two years imprisonment and/or an unlimited fine. Where appropriate the MHRA will use the Proceeds of Crime Act 2002 to determine whether or not benefits were accrued through criminal activity and will recoup illicit earnings if the individual is found guilty. If an individual is convicted of offences under the Trade Marks Act 1994, they can be sentenced to a maximum of 10 years imprisonment and/or an unlimited fine.

4. To report suspected counterfeit medicines, you can:
E-mail: counterfeit@mhra.gsi.gov.uk
Website: http://www.mhra.gov.uk
Telephone: +44 (0)20 7084 2701

5. The MHRA is the government agency responsible for ensuring that medicines and medical devices work, and are acceptably safe. No product is risk-free. Underpinning all our work lie robust and fact-based judgements to ensure that the benefits to patients and the public justify the risks. We keep watch over medicines and devices, and take any necessary action to protect the public promptly if there is a problem. We encourage everyone - the public and healthcare professionals as well as the industry - to tell us about any problems with a medicine or medical device, so that we can investigate and take any necessary action.

MHRA