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After an 18-Year Delay, Government Tracks Prescrip


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#1 doug123

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Posted 11 June 2006 - 06:32 AM


Great news for Americans!

"The government ought to kick someone in the butt and say 'solve this.'


Looks like the problem addressed above is getting solved...it's about time... ;)

News source

After an 18-Year Delay, Government Tracks Prescription Drugs

Move to Halt Counterfeit Trade Uses Technology to Track Drugs From Wholesalers to Pharmecies

By LISA STARK and BRITTANY OAT

June 9, 2006 — - The Food and Drug Administration will now enforce an 18-year-old law that requires drug wholesalers to track pharmaceuticals every time they change hands from the factory to the pharmacy.

The counterfeit drugs are the same color and have the same labels as the legitimate medication, but they have either been knowingly exposed to contaminants or do not have the benefit of an active ingredient that is known to be safe and effective at treating the patient's medical condition, according to the FDA's associate commissioner for policy and planning, Randy Lutter.

This is a growing concern at the FDA, which investigated 58 cases of counterfeit drugs in 2004, and 32 cases of counterfeit drugs in its 2005 fiscal year. There were, however, only six cases in 2000.

Stephanie Aleong, a former Florida prosecutor and one of the first people to pursue counterfeit drug cases, said the FDA's decision to track pharmaceuticals is important and long overdue.

"It's sort of like having a magnum gun," said Aleong. "It's just incredible because you can have the proof you need to convince the jury that these are counterfeit drugs. The alternative is to be able to, every time, catch the counterfeiter in the back alley making counterfeit labels and counterfeit drugs, which you're never going to be able to do."



Business Impact Vs. Counterfeit Tracking

The FDA has hesitated to enforce the law since 1988 at the request of secondary wholesalers, who believed the tracking requirement could put them out of business.

The agency was also waiting for the drug supply industry to adopt radio-frequency identification (RFID) technology, which Lutter said is believed to be the most effective way to track drugs as they move through the supply chain.


"There's an arms race," Lutter said. "The criminals are always anxious to discover one new way of fooling investigators, fooling public health authorities and the FDA, and fooling manufacturers. And our job is to be one step ahead of them."


The FDA said they are not requiring the pharmaceutical companies and retailers to adopt the tracking technology at this time because it will only further delay implementation of these regulations. Instead, the new requirement is focused on secondary wholesalers who, beginning Dec. 1, 2006, will have to maintain a "pedigree" of the drug, said the Maggie Glavin, the FDA's associate commissioner for regulatory affairs.

"That's a chain of custody for a product," Glavin said. "A chain of custody that tells who has handled this product at each step from the manufacturer all the way to the retail drugstore."




"That's what makes this particular activity reprehensible," he said. "And that's what we're very, very anxious to try and curtail."

Copyright © 2006 ABC News Internet Ventures

Edited by nootropikamil, 11 June 2006 - 06:59 AM.


#2 doug123

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Posted 11 June 2006 - 06:43 AM

What so great about this you ask? Well, all European countries (and Canada too!) drug companies make and package the drugs they sell. That's not the law in the USA. A wholsaler sells a powder to another packager, then that company re-packages it, etc. often more than 6 times...leaving a lot of room for discrepancy and crime. Once you lose chain of custody, you lose everything...

•Some drugs take a circuitous route from factory to pharmacy shelf as they are bought and sold by wholesalers, changing hands four, five, six times or more. Sometimes, the pharmacies can't find out exactly who had the drugs.


Fake drugs show up in U.S. pharmacies

A Threat to Our National Drug Supply
FROM 2003!
Fake drugs show up in U.S. pharmacies
By Julie Appleby, USA TODAY
As more high-priced prescription medications hit the market, they are proving irresistible to counterfeiters, who have successfully slipped fake, mislabeled and mishandled drugs into U.S. pharmacies. Some examples:

•Investigators have seized vials of anemia treatments Procrit and Epogen containing 20 times less active ingredient than labeled.

•AIDS patients who rely on Serostim to prevent muscle wasting have fallen ill after injecting a fake.

•Pharmacists have alerted the Food and Drug Administration to white pills labeled "aspirin" in bottles of schizophrenia treatment Zyprexa.

•Ten different types of counterfeit drugs moved through Florida in the past two years, investigators say, including Procrit, Epogen, Serostim, Zyprexa, antifungal Diflucan and AIDS drugs Combivir and Retrovir.

Many of the fakes are so good that pharmacists have trouble telling them from the real thing. Investigators and pharmacists say the problem of counterfeit, mislabeled or mishandled drugs could spread beyond the relatively few medications affected now unless state and federal regulators tighten requirements for the nation's drug wholesalers. (Chart: Counterfeit drugs in circulation)

"I've been in this business for 40 years," says pharmacist Lowell Anderson of Bel-Aire Pharmacy in White Bear Lake, Minn. "I have less confidence in the integrity of the supply line today than ever before. It scares me."

What some investigators are calling the biggest jump in fake-drug cases in more than a decade is fueled by three things: increasingly sophisticated forged labels, an abundance of small wholesalers buying and reselling medications, and a growing number of expensive new treatments that can net forgers large profits.

While still only a tiny fraction of the $192 billion worth of drugs sold in the USA annually, the amount of counterfeit or adulterated drugs could grow as additional costly, genetically engineered medications hit the market in coming years, investigators fear.

"There is a huge amount of profit to be made for those able to counterfeit these products," says Gregg Jones, an investigator at Florida's Department of Health.

The lowest dosage of a vial of the anemia treatment Epogen, for example, costs about $25. Recently, investigators found low-dose vials had been relabeled by a sophisticated forger. The vials then appeared to contain the highest dosage available, which sells for $495, netting a profit of up to $470 a vial for those who faked the labels.

What concerns health professionals is not just that some unscrupulous dealers are making money off the system, but that "Grandma could be going through kidney dialysis with counterfeit drugs," says Rick Allen, deputy director of the Georgia Drugs and Narcotics Agency.

Investigators say the cases show there are growing holes in the U.S. drug safety net:

•In most states, it's too easy to get a wholesaler's license to distribute drugs to pharmacies and hospitals. Hundreds — and in some states, thousands — of wholesalers are licensed. An abundance of distributors means more opportunities for problem drugs to enter the system, regulators say.

In Florida, where nearly 1,400 wholesalers are licensed to distribute prescription medications, a grand jury report in February urged lawmakers to toughen licensing requirements. Stricter penalties are needed, the report said, for adulterating drugs, including first-degree felony charges in cases in which patients die. The report did not mince words about the quality of some wholesalers.

"Uneducated, inexperienced ... rank amateurs, many with criminal records, make up a sizable portion of Florida's drug wholesalers," the grand jury said. "No one has to go to (wholesalers') warehouses to buy their tainted product, for eventually they show up in our hospitals, clinics and pharmacy shelves."

Florida lawmakers on May 2 approved the changes recommended by the grand jury. The bill will go to the governor soon.

•Some drugs take a circuitous route from factory to pharmacy shelf as they are bought and sold by wholesalers, changing hands four, five, six times or more. Sometimes, the pharmacies can't find out exactly who had the drugs.

A few states are taking action against counterfeit and mislabeled drugs, but investigators are stretched thin in even the most aggressive states.

In Florida, for example, there are about 10 inspectors who monitor the state's 1,399 licensed wholesalers.

Nevada last year changed its licensing rules to make it tougher to become a drug wholesaler, resulting in an 80% drop in the number of secondary wholesalers. A proposal is pending before the Nevada legislature that would limit the number of times that prescription drugs could be sold and resold. The bill would also require wholesalers who purchase drugs from Nevada dealers to also have a state license.

Florida lawmakers on May 2 set tougher rules requiring wholesalers to have paperwork to document every transaction involving prescription drugs, starting with the manufacturer.


Such "pedigree paper" laws are resisted by the wholesale industry, who say the additional paperwork won't make the system safer because documents can be falsified, just as drugs can be counterfeited.

Requiring such paperwork for wholesalers would "be so inefficient that the legitimate distributors will just take a walk from the market," says Ron Streck, head of the Healthcare Distribution Management Association, a wholesalers group.

Streck says new technologies — such as invisible inks, holograms and computer tracking methods — are better than requiring more paperwork. A tracking system, such as that used now by some overnight mail delivery services, could be in place by 2006 to follow all prescriptions from manufacturer to pharmacy to patient.

"Once that happens, it will be very difficult to counterfeit any of those products," says Streck.


By Julie Appleby


"There is a portion of the drug supply — no one knows how big — where drugs have traveled all over," says Louis Ling, general counsel for the Nevada State Board of Pharmacy. "No good can come to a drug that travels through seven or eight wholesalers and literally crosses the entire country."

Yet efforts to oversee the practice by requiring documentation every time drugs are bought or sold — all the way back to when they leave the factory — have been fought by the wholesale industry, which says such rules are burdensome. The FDA has never fully implemented a 1988 law aimed at tracing drugs to their source.

•Drugmakers are not required to report cases of counterfeit products to the FDA or consumers, which sometimes slows investigations. But last month, the drug industry's trade group said its members will voluntarily begin reporting suspected cases to the FDA within five days of discovery.

Drugmakers and wholesalers say they are doing everything they can to protect U.S. consumers. The U.S. drug supply, they say, remains the safest in the world. The solution they favor lies not in increased paperwork, but in better ways to mark drug packages so they can't be faked. They also support efforts to make it more difficult to get a wholesaler's license.

"We take it very seriously," says Ron Streck, president of the Healthcare Distribution Management Association, a trade group representing 78 wholesalers.

The FDA has opened 73 investigations into counterfeit or tampered-with drugs since 1998, with an uptick in the past two years. Thirty-two people have been arrested, the FDA says, and 25 convicted of conspiracy to introduce counterfeit drugs into commerce.

Inspectors in South Florida alone seized $20 million worth of adulterated pharmaceuticals in the past year, the grand jury says.


"We have in this country an overwhelming confidence in the safety of the drug supply, which has not been jeopardized until recently," investigator Jones says. "It's a nationwide problem."

Leaky distribution system

Most patients think prescriptions they pick up at the drugstore have traveled directly from the manufacturer. At least half of the time, that is likely the case.

An estimated 46% of prescription drugs go straight from manufacturers to hospitals and large pharmacy chains, while 54% go to wholesalers, according to the Florida grand jury report.

Of those drugs that go to wholesalers, 90% go to the three largest wholesalers in the country, Cardinal, McKesson and AmerisourceBergen, which together distribute more than $100 billion worth of drugs each year. They supply many of the nation's hospitals, drugstore chains and mail-order pharmacies.

The rest of the prescription drug market is more complex: drugs go from manufacturers to smaller wholesalers, considered the secondary market, which then sell to pharmacies, clinics, physicians and each other. The secondary market is where investigators say most of the problems occur.

Smaller wholesalers also sell to the three major wholesalers, which buy a fraction of their drugs from the secondary market, where medications may be more readily available or cheaper than buying directly from the manufacturer.

Many secondary wholesalers are legitimate, operating clean warehouses with the proper temperature controls and computer systems to keep track of inventory.

"There are some good ones out there," investigator Allen says. "They serve doctors and other places that the big boys won't sell to."

Still, some secondary wholesalers — and no one knows exactly how many — obtain medications illicitly, buying drugs at a discount from pharmacies or on the black market from Medicaid patients, say Allen and other investigators. Some wholesalers purchase drugs that have been stolen, illegally imported or adulterated, the Florida grand jury reported.

And their sheer number opens the door to unscrupulous dealers, investigators say. Some smaller wholesalers operate out of homes, strip malls, even storage sheds. Some mishandle delicate drugs.

In Nevada, a secondary wholesaler called Dalfens was charged with failing to keep records on $34 million of drugs it bought and sold from 1998 to 2000. The firm also left a box of medication that needed refrigeration out on its doorstep under the hot sun for hours, until an employee of a nearby pizza parlor noticed the package and put it in the parlor's refrigerator. The firm was fined $1 million. The case is on appeal.


The Nevada State Board of Pharmacy said the firm's refusal to produce inventory records prevented regulators from tracing the drugs to their sources.

Drug-pricing strategies

Investigators say the pharmaceutical companies' pricing strategies also help fuel the temptation to "divert" drugs from legitimate channels.

One way that happens is through so-called closed-door pharmacies, which don't sell to the public. Instead, the firms claim they sell exclusively to nursing homes or certain other institutions that qualify for price discounts from drug manufacturers. But they illegally sell the drugs they've bought at a discount to wholesalers, who profit by re-selling those medications to other wholesalers.

Pharmacist John Gelinas, owner of Chimes Pharmacy in Berkeley, Calif., says those varying prices charged by drugmakers are partly to blame for the problem of mislabeled or mishandled drugs.

"They sell at 10 cents on the dollar to some people and at full price to us — that encourages diversion," says Gelinas, who also says he carefully inspects all shipments that arrive at his pharmacy.

Wholesalers look the other way when they buy from closed-door pharmacies — and are often not required to show documentation of where they purchased the drugs.

In congressional testimony last summer, William Hubbard, the FDA's associate commissioner of policy and planning, said, "It is easy to see how this system ... facilitates the entry of counterfeit and otherwise unsafe drugs into the marketplace."

The three major wholesalers distance themselves from the secondary wholesale market, saying they buy only 2% to 3% there.

Still, with each of the firms distributing billions of dollars worth of drugs each year, even a small percentage is a lot of individual drugs. One wholesaler was recently found to have 339 cartons of counterfeit anemia treatment Procrit in its warehouses, according to the FDA, which would not name the company because an investigation is ongoing.

Michael Kilpatric, a spokesman for Amerisource, says his company goes beyond federal requirements in checking the authenticity of the about 2% of product it buys from the secondary market.

The company deals with a limited number of secondary wholesalers, he says, and sends its own investigators on visits annually to make sure the wholesalers are legitimate. Amerisource will purchase only some products, such as Epogen and other high-cost biotech drugs, directly from the manufacturers. McKesson and Cardinal say they have similar rules.

"We're very careful about who we buy from," says Greg Yonko at McKesson. "We're acutely aware of what's going on in the market. We heard about counterfeit Procrit long before it got into the news."

Pharmacist Anderson says the industry should create standards to help determine "these are legitimate suppliers and these are not."

He and other pharmacists say that, in the meantime, they do all they can to check packaging to make sure drugs are legitimate. Anderson says he hasn't had any fake or adulterated drugs go through his pharmacy, but he wants to see more action from federal and state regulators: "The government ought to kick someone in the butt and say 'solve this.' "

Edited by nootropikamil, 11 June 2006 - 06:57 AM.


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#3 doug123

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Posted 11 June 2006 - 09:54 PM

FDA Announces New Measures to Protect Americans from Counterfeit Drugs

http://www.fda.gov/b...6/NEW01386.html

FDA Announces New Measures to Protect Americans from Counterfeit Drugs

The U.S. Food and Drug Administration (FDA) today announced new steps to strengthen existing protections against the growing problem of counterfeit drugs. The measures, which were recommended in a report released today by the agency's Counterfeit Drug Task Force, emphasize certain regulatory actions and the use of new technologies for safeguarding the integrity of the U.S. drug supply.

"The adoption of the FDA Counterfeit Drug Task Force's recommendations will further reduce the risk that counterfeit products will enter the U.S. drug distribution system and reach patients," said Dr. Andrew C. von Eschenbach, the FDA's Acting Commissioner. "We must remain vigilant in our efforts to ensure our nation's drug supply is protected against an increasingly sophisticated criminal element engaging in a dangerous type of commerce."

Among other new measures, FDA will fully implement regulations related to the Prescription Drug Marketing Act of 1987, which requires drug distributors to provide documentation of the chain of custody of drug products -- the so-called "pedigree" -- throughout the distribution system. FDA had placed on hold certain regulatory provisions because of concerns raised at the time about the impact on small wholesalers. Most recently, in early 2004, FDA delayed the effective date of certain regulatory provisions regarding pedigrees to allow the industry time to adopt electronic technology for tracking drugs through the supply chain. Based on information from drug supply stakeholders, the FDA had expected this technology to be in widespread use in the drug supply chain by 2007, but it now appears that these expectations will not be met. Further, FDA has not heard that the concerns raised in the past regarding the impact on small wholesalers remains, and in fact, FDA was encouraged by most drug stakeholders to allow the hold to expire. Doing so would also provide clarity in the drug supply chain regarding who is and is not required to pass a pedigree. Continuing the hold would perpetuate the current confusion and further allow opportunities for counterfeit and diversionary practices. FDA has, therefore, determined that it can no longer justify not implementing these regulations.

Accordingly, the hold, which will expire in December, will not be continued.

A potential new measure to safeguard the drug supply is the use of electronic track and trace technology, such as radio-frequency identification (RFID), which creates an electronic pedigree (e-pedigree) for tracking the movement of the drug through the supply chain. The FDA had expected this technology to be in widespread use in the drug supply chain by 2007. In early 2004 FDA delayed the effective date of the regulatory provisions regarding pedigrees to allow the industry time to adopt this technology. However, it now appears that FDA's expectations for adoption of the technology by 2007 will not be met. FDA therefore has determined it can no longer justify delaying implementation of the pedigree regulations.

Consistent with recommendations of the Task Force, FDA also announces that, during the next year, its enforcement of the pedigree regulations will focus on products most susceptible to counterfeiting and diversion. FDA intends to announce in the Federal Register the availability of a draft compliance policy guide for public comment describing this enforcement approach. By providing guidance on the types of drugs that are currently of greatest concern to FDA, the agency intends to give wholesale distributors a better idea on where and how to focus their initial energies to come into complete compliance with the regulations (21 CFR Part 203) for all the prescription drugs they distribute. The draft guidance clarifies how FDA intends to prioritize its pedigree-related enforcement resources in 2007. FDA may, under appropriate circumstances initiate regulatory action, including criminal prosecution, for pedigree violations that do not meet the factors listed in the guidance.

The Task Force report also underlines the agency's belief that widespread use of e-pedigrees using electronic track and trace technology, including RFID, would provide an electronic safety net for our nation's drug supply. The report therefore recommends that stakeholders continue to work expeditiously toward that goal, and that their implementation of RFID technology be used first on products most susceptible to counterfeiting and diversion.

Additional subjects discussed in the Task Force's report include the following key issues related to electronic track-and-trace that are in need of resolution:

* Technical aspects of the mass serialization of marketed drugs by assigning a unique identifier or serial number to each drug package as the initial step in development of track and trace technology.
* Importance of a nationwide universal drug pedigree with uniform information in preference to state laws imposing different pedigree requirements.
* Protection of consumer privacy to prevent unauthorized disclosure of information stored in RFID tags when RFID-tagged drug products are dispensed to consumers.
* Consumer education about RFID and the labeling of RFID-tagged drug products, to disclose to consumers when they are receiving RFID-tagged products and to inform consumers of the benefits of RFID technology and how consumers' privacy is being protected.


The new FDA report is largely based on the Task Force's recent findings in numerous contacts with stakeholders, including a February, 2006 public workshop, request for public comment and monitoring of the latest technological developments.

Today's Task Force report is the third in a series of documents exploring the means of ensuring the safety of the U.S. drug supply. The first report, issued in 2004, outlined the framework for protecting the public from counterfeit medicines, and the second report, released last year, assessed the progress toward implementing the 2004 recommendations. All Task Force Reports are posted on FDA's Web at www.fda.gov/counterfeit .

#4 dopamine

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Posted 11 June 2006 - 10:07 PM

Brevity is the soul of wit.

#5 doug123

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Posted 12 June 2006 - 02:16 AM

A single death is a tragedy; a million deaths is a statistic

--Joseph Stalin

Without data, all you are is just another person with an opinion.

--Unknown

I've never been afraid of data.

--Adam Kamil

#6 doug123

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Posted 12 June 2006 - 02:24 AM

An approximate answer to the right question is worth a great deal more than a precise answer to the wrong question.

--The first golden rule of mathematics, sometimes attributed to John Tukey

#7 Shepard

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Posted 12 June 2006 - 03:42 AM

Yo momma's so fat, when she goes to an all you can eat buffet, they have to install speed bumps.

--Unknown

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#8 doug123

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Posted 12 June 2006 - 05:14 AM

I think it's F'ed up how out of control the pharmaceutical business is in the USA at this point. I think it should be law that the same company that manufactures a drug should package it; as it is the law in European countries. I was not really sure what dopamine what saying... Brevity is the soul of wit? I was not trying to be funny. I did a bit of research on the topic after reading this news update; and I just wanted to present the facts (data) I uncovered in my search; to see if perhaps someone could present something to the contrary, I guess.

Peace.




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