Cyber-pharmacies and ethical concerns over marketing drugs
online
- Vinod Scaria
Center for
Cybermedicine and Internet Research
Perumcheril, 33/4711,
Malaparamba, Calicut 673009,Kerala
India
E-Mail: vinodscaria@yahoo.co.in
The last few years have witnessed the rapid proliferation of
websites offering online medical advice and selling prescription drugs over the
Internet. These new class of Online Pharmacies originated as an innate part of
the booming e-economy, wherein all real world services were rendered online.
The inherent anarchic structure of Internet lets anybody sell
virtually anything over the Internet, without bothering to obey the law of any
single country. Moreover the cross-border practice possible over the Internet
lets it impractical to monitor the activities of these websites. This poses a
severe public-health threat and an ethical catastrophe.
The concerns regarding Cyber-pharmacies have been growing steadily
probably with the report in early 2000 on some cyber pharmacies [which
advertised of facilities that were in existent] settling US Federal trade
commission charges [1], and the publishing of the E Health Ethics Initiative
code of conduct. [2]
Eysenbach [3] studied Websites selling Viagra Online by posing to
be a patient for whom the drug was clearly contraindicated, and found that 3 of
the 22 websites delivered the drug in spite of being contraindicated. He also
found that only on two websites a physician reviewed the order. He also found
that in a majority of cases, even a proper history was not taken.
Bonakdar [4] studied websites offering cancer cure and concluded
that a number of websites offered cancer cure through herbal medication with
little regard for current regulations.
Scaria [5] studied websites offering sale of Viagra and analysed
the information regarding contraindications provided to potential consumers and
found that though most of the websites provided information on
contraindications, majority was incomplete
Ethical Concerns
Information and
the right to reliable Information
Consumers have the right to reliable and trustworthy information
about something he is going to buy. Studies [5] show that most of such
information is incomplete. Often the Information is fraudulent or inconclusive
[see Fig1]. Inconclusive or fraudulent information bound in a cloak of
professional design and presentation is an important concern.

Figure [1] A
Screenshot from a website that claims to enlarge male genital organs in 30
days. The website claims it to be Medically proven, but does not provide any
evidence/details regarding research.
The consumer has the right to know who is behind a website, and
what his/her affiliations are- since they are of direct importance to his
health. It would also enable the consumer to make informed decisions, and to
think of probable avenues of malpractice. The fact is that most of the websites
selling drugs are really gateway websites, which redirect/link to bigger firms
by virtue of some affiliate program. These websites [serving as middlemen] are
little concerned about the quality of information they provide or
responsibility to consumers. In other words, these websites are interested in nothing
but profit.
Consumers also have the right to honest analysis of research
findings. Many websites advertise of 'Medically Proven' products, but hardly
provide any information regarding the setting in which the study [if any] was
conducted, and when and where [a scholarly journal] it was published. Stephen
Barrett [7] says Herbal medications, could not possibly be sold profitably on
the Internet without deception, which includes (a) lack of full disclosure of
relevant facts, (b) promotion or sale of products that lack a rational use,
and/or (c) failure to provide advice indicating who should not use the
products. Given the number of websites selling such 'Herbal" medications,
anyone could just imagine how ethical the marketing practices on the Internet
are.
Informed consent is a key pillar of trust and relationship in real
world. Over the Internet, consumers are potentially under-informed or worst
un-informed. This raises the integrity of the consent provided by potential
consumers. Most of the websites offer a disclaimer notice, according to which
all liability is restricted to refund of money.
Physician-patient or Customer relationships virtually never exist
in the online world. The maximum liability in any case is minimized to refund
of money. Thus lack of relationship in the virtual world, with the potential of
Internet to maintain anonymity of concerned individuals leads to the
deterioration of ethical conduct and quality of services.
Internet has created a situation wherein anybody could operate in
total anonymity. This is perhaps the prime source for concern. Over the
Internet, anybody could express anything, sell anything and mislead anyone,
under the cloak of a professional website and a flashy Domain name and E-Mail
ID. Anonymity means the concerned individuals are potentially free of any
responsibilities to the customers and thus not obliged to perform according to
ethical norms.
One could easily see that anybody could promote virtually anything
over the Internet. Only a good web host and a flashy website is all what is
needed. Since most of these websites operate in anonymity, and potentially out
of the reach of law of any single country, patients who have been deceived are
less likely to get protection/compensation from consumer reprisal forums.
Privacy and Confidentiality are part of ethical conduct in a real
world physician-patient relationship. Over the Internet, there is hardly
anything private/confidential. Anybody from a Webmaster to a hacker could have
access to your personal information. Most of the websites do not have a privacy
policy or reliable framework to prevent people from peeking into their
consumers' personal information. Though regulatory frameworks [6] are emerging,
there is hardly any compulsory system to oversee the implementation of such
frameworks over a time-bound period.
Legal frameworks are highly variable. What might amount to an
unlawful conduct in one country/region may not be the same elsewhere. Similarly
one drug that may be available with prescription in one country/region may be
available elsewhere without one. Moreover different countries have different
standards for production and marketing of drugs. This would also serve as
potential areas of conflict between two parties. Moreover, due to the lack of a
Universal code of conduct, the consumers hardly have any avenues to have their
complaints redressed.
The E-HARD [8] was set up in January 2003 to collect evidence
related to E-Health adversities. To date three cases of fraud involving cyber
pharmacies have been submitted, and currently under evaluation. These websites
were involved in marketing so-called 'herbal preparations' for diseases as
varied as Cancer and AIDS. One website even claimed to cure AIDS with their six
week therapy.
It is also amazing to note that these websites also significantly
contribute to the menace of Unsolicited Commercial E-Mail [UCMs] or SPAM. Some
of our unpublished research shows Health related spam contribute to something
around 10-12% of all Unsolicited commercial E-Mails.
Conclusions
Internet is slowly evolving into a new 'Virtual World' or the
'Second World' and is leaving its impact in our lives too. The emerging
E-Economy is also making its presence felt in all domains. The virtualization
of Healthcare is also underway- with the Emergence of CyberMedicine and
Telemedicine as emerging technologies. Cyber-Pharmacies- a virtual extension of
real world pharmacies also forms a significant part of the new economy. The
ethical concerns regarding marketing of medications online are myriad- most of
them emerging from the anonymity and anarchy offered by the Internet. A
regulatory approach to this problem is not possible due to the uncontrolled and
anarchic structure of Internet.
The possible way out is perhaps trustmarks/seals like the HON code
of conduct seal [9] and consumer Education. Coaxing more websites to join such
accreditation programs would significantly improve the state of E-Health.
Moreover setting up of websites that systematically collect evidence on misconduct
over the Internet is necessary. A host of such websites, with interconnectivity
would enable planning and implementation of strategies aimed at improving the
state of affairs.
References
1] Online Pharmacies Settle FTC Charges http://www.ftc.gov/opa/2000/07/iog.htm
2] eHealth Ethics
Initiative. eHealth code of ethics. Internet
Healthcare Coalition, May 2000. www.ihealthcoalition.org/ethics/ehcode.html
3] Eysenbach G.Online
Prescribing of Sildanefil (Viagra(r)) on the World Wide Web. Journal
of Medical Internet Research 1999;1(2):e10 http://www.jmir.org/1999/2/e10/
4]Bonakdar RA. Herbal
cancer cures on the Web: noncompliance with The Dietary Supplement Health and
Education Act. Fam Med 2002 Jul-Aug;34(7):522-7
5] Scaria.V. Buying
Sildenafil Citrate Online: are prospective buyers informed of contraindications
[in process of publication] [Preliminary Draft]
6] Crigger B.
Foundations of the eHealth Code of Ethics http://www.ihealthcoalition.org/ethics/code-foundations.html
http://www.quackwatch.com/01QuackeryRelatedTopics/quackweb.html
8] E-Health
Adversities Research Database
http://www.virtualmed.netfirms.com/ehard.html
and http://www.cybermedicine.netfirms.com/ehard.html
9] HON Code of
Conduct http://www.hon.ch/Honcode
Competing
Interests: The author maintains the E-Health Adversities Research Database
[E-HARD]. He is also the author of the research paper [4] on cyber pharmacies
cited in this paper.