A 61-year-old man from Sutton Coldfield, West Midlands received a nine month prison sentence suspended for two years last Monday, with supervision for one year, at Birmingham Crown Court for the illegal sale and supply of erectile dysfunction medicines.

An investigation by the Medicines and Healthcare products Regulatory Agency (MHRA) discovered that John Henry Atkinson was illegally promoting the sale of unlicensed erectile dysfunction drugs.

In September 2009 MHRA investigators seized a large amount of erectile dysfunction drugs from his residential address. The seizures consisted of two boxes containing an estimated 7,000 Kamagra tablets, a box containing 2,000 Savitra tablets, a carrier bag of 61 Apcalis 20mg oral jelly sachets and ten boxes containing Kamagra 100mg oral jelly sachets. The total estimated value of the drugs seized was £53,000.

Atkinson pleaded guilty on 26 July 2010 to the sale of Kamagra and Apcalis which are unlicensed medicines.

Recorder Rochford whilst sentencing Atkinson said "you were preying on the weaknesses of people with difficulties" and "you acted purely out of greed without any regard to the danger this would involve."

MHRA Head of Operations Danny Lee-Frost said "This is a serious example of a man who has no regard for others. These medicines Atkinson was promoting are unlicensed medicines. As a result you simply don't know what you may be taking and that can pose a great danger to your health."

Notes

1. 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. In cases involving counterfeit medicines, the MHRA will use the Fraud Act or Trade Marks Act which both carry a maximum of 10 years imprisonment.

2. Anyone who has concerns about misleading advertising or promotional offers of medicines should contact the MHRA Advertising Standards 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. The advertising of medicines is controlled by a combination of statutory measures (with both criminal and civil sanctions) enforced by the MHRA, and self-regulation through Codes of Practice for the pharmaceutical industry, administered by trade associations.

4. The 'Blue Guide on Advertising and Promotion of Medicines in the UK' explains the regulations and provides clarification on the Agency's interpretation of them and how advertising of medicines is regulated.

Source:
MHRA