Internet Pharmacy Hearing To Question FDA Progress In Curbing Illegal Sales

The House Commerce/Oversight & Investigations Subcommittee will hold a hearing May 25 to examine FDA's progress in controlling illegal Internet drug sales in the 10 months since the agency last appeared before the subcommittee.

In addition to FDA, the Department of Justice, U.S. Customs and possibly the National Association of Attorneys General are expected to testify.

Recent correspondence from Commerce Committee members indicates that they could be as critical of FDA's efforts as they were during a July 30, 1999 hearing (¹ ).

A March 17 letter from Commerce Committee Chairman Bliley (R-Va.) states that since the hearing, "I have become increasingly troubled that the FDA is failing to fulfill its current regulatory obligations." The committee chairman also called FDA's drafting of a legislative proposal "to give itself even more responsibilities" in the Internet pharmacy arena "troubling." HHS unveiled its proposed legislation May 2 (² (Also see "HHS Internet Pharmacy Certification Would Involve Existing Programs" - Pink Sheet, 8 May, 2000.)).

In a March 27 letter, Commerce Committee Ranking Member Dingell (D-Mich.) and Oversight & Investigations Subcommittee Ranking Member Klink (D-Penn.) indicate that they would like FDA to distinguish sales of pharmaceuticals from sales of other illegal products when discussing its Internet enforcement activities.

Henney's testimony for the March 21 Senate Health Committee hearing on Internet pharmacy "may have been inadvertently ambiguous," the letter says, citing her assertion that "36 arrests and 17 convictions have resulted from Office of Criminal Investigations investigations involving products being sold over the Internet" (³ ).

Given the context of the testimony, "one might assume that the 36 arrests and 17 convictions are directly related to activities involving online pharmacies," the letter states. However, in a March 23 response to an earlier letter, the agency said "FDA is not aware that any federal prosecutions or convictions for Internet violations have occurred at this time." The letter asks Henney for "help in reconciling these points."