North Humberside Man Convicted For Illegally Advertising Medicines, UK

Main Category: Litigation / Medical Malpractice
Also Included In: Pharma Industry / Biotech Industry;  Sexual Health / STDs
Article Date: 10 Aug 2007 - 2:00 PDT

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Following a successful prosecution by the Medicines and Healthcare products Regulatory Agency (MHRA), a man from North Humberside was given a conditional discharge for two years and ordered to pay £3,000 costs on 25 July 2007 at York Crown Court for illegally advertising prescription-only medicines (POMs).

Peter William Tomlinson (62) of St Mary's Court, North Bar Within, Beverley, North Humberside, HU17 8DG was found guilty on all four offences under the Medicines (Advertising) Regulations 1994. Mr Tomlinson was convicted for illegally advertising Viagra, Cialis, Xenical and Propecia from his business called Healthwise Clinic Ltd in Beverley, having been previously cautioned in November 2002.

During the MHRA investigation it came to light that Mr Tomlinson was using leaflets and websites to illegally advertise the POMs. Documentation on client orders seized revealed that a total of 624 packs, at a price of around £83,673.00, were sold over a period of a month and a half between the beginning of October 2004 and 15 November 2004. The sales of these medicines would not have been possible without him illegally advertising the products.

Mick Deats, Head of Enforcement and Intelligence at the MHRA said, "It is illegal to advertise prescription-only medicines to the public in the UK and there are strict guidelines that must be adhered to when advertising medicines. Despite Mr Tomlinson having already been warned not to advertise these medicines, he continued to do so and therefore deserved to be put before the courts."

1. Viagra and Cialis are used to treat erectile dysfunction. Xenical is used to treat obesity and Propecia is taken to treat hair loss.

2. Anyone who has concerns about misleading advertising of medicines should contact the MHRA Advertising Unit, 14-112, Market Towers, Vauxhall, London SW8 5NQ or phone 020 7084 2000. Alternatively, contact the pharmaceutical self-regulatory bodies, the Proprietary Association of Great Britain (PAGB) for advertising for over the counter medicines, or the Prescription Medicines Code of Practice Authority (PMCPA) for advertisements to health professionals for prescription medicines.

3. More information on medicines advertising regulations can be found on our website under http://www.mhra.gov.uk/home/idcplg?IdcService=SS_GET_PAGE&nodeId=165

4. 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.

Medicines and Healthcare products Regulatory Agency