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Pressure on Canada's Online Drug Sellers

By Bernard Simon, the New York Times

December 10, 2003

Chantelle and Mark Rzepka, and Andrew and Catherine Strempler, above, the owners of Mediplan, a big Canadian Internet drug seller, go through some of the hundreds of orders they get every day.  


Neither Mark Rzepka's colleagues nor his competitors were amused when The Winnipeg Free Press published a two-part series recently about the lavish way Mr. Rzepka and his wife had decorated their new 6,800-square-foot house in this prairie city.

Mr. Rzepka is a co-founder of Mediplan Health Consulting, the biggest of a number of Canadian Internet drugstores that sell lower-priced prescription drugs to Americans, arousing admiration from some quarters and anger from others.

"The last thing we need is the impression that this is a get-rich-quick business," said David MacKay, executive director of the Canadian International Pharmacy Association, which represents about 20 of the online operations, including Mediplan. Mr. MacKay has advised Mr. Rzepka and the association's other members to cultivate a less ostentatious image.

Such advice reflects the intensifying scrutiny that the online drugstores are attracting from politicians, regulators and consumers on both sides of the border.

With prices that are typically one-half to two-thirds of what drugstores charge in the United States, the Canadian online pharmacies supply a growing number of Americans - about one million, by their latest estimate - with drugs costing some $700 million a year.

The cross-border retail sales of prescription drugs rely on the Food and Drug Administration's discretion to allow imports of small quantities of medicines for personal use. Many state and local politicians have said they favor easier access to cheaper imported drugs for Americans, but the major drug makers have lobbied against the idea, seeing it as a threat to their biggest and most profitable market. The new Medicare law legalizes cross-border drug purchases, but only for foreign drugs that the secretary of health and human services certifies are safe; any certifications are not likely to happen soon.

Of the roughly 140 Canadian pharmacies now shipping drugs across the border, 64 are based in Manitoba, where they are generating as much heat as they do in Washington. Ron Guse, the registrar of the Manitoba Pharmaceutical Association, which regulates the province's pharmacies, said that the furor over the Internet drugstores had polarized his profession. "Some say, Let it run," Mr. Guse said. "Some say, Why are we spending so much time deciding how to get medication to Americans?"

So far, the provincial government in Manitoba has encouraged the online pharmacies as a model of entrepreneurship. "It's quite safe and quite legal," said Scott Smith, the province's industry minister. Noting that online commerce had become a fact of life, Marcia Thomson, an assistant deputy minister of health, said, "We've got to regulate this, but not run away from it."

Mediplan has its headquarters in Minnedosa, a small town two hours' drive west of Winnipeg. Its 250 employees account for one-tenth of the population, and it donates to local projects like a golf course expansion and a scholarship program. Last month, Mediplan opened a 18,000-square-foot distribution center and warehouse in Niverville, another small Manitoba town. The $700,000 center was paid for by the town and leased to the company.

"We get support no matter what, because we create jobs," said Andrew Strempler, Mr. Rzepka's partner and Mediplan's president.

Not everyone sees the business as beneficial, though. Regulators are concerned about the lack of a personal relationship between patients and physicians that is absent from online prescription sales. Under Canadian law all prescriptions must be signed by a doctor with a Canadian license, but the online pharmacies get around the requirement by hiring local doctors to review American doctors' prescriptions, typically at 10 Canadian dollars ($7.70) each. The College of Physicians and Surgeons in Manitoba has censured four Canadian doctors for doing so without having any personal contact with the patients involved.

Even though the pharmaceutical association has licensed dozens of online drugstores and relies in part on the fees they pay, the association backed a proposal last month to ban the export of prescription drugs from Canada. Saying that an "almost gold rush attitude" had emerged, Mr. Guse, the association's registrar, said, "When you have someone attracted financially to the industry, you have a tougher time convincing them that there's a health care component."

Some critics say the rapid growth of online drugstores is responsible for creating a shortage of pharmacists in Manitoba. Bob Clarke, who owns a drugstore in Thompson, a mining center in the province's thinly settled north, estimated that pharmacists' wages had soared by about 50 percent since mid-2002. Mr. Clarke said he recently had to close his second store in Thompson because he was unable to attract qualified employees.

But others say the online drugstores are filling an important market niche. According to Bob Fraser, director of pharmacy at CanadaDrugs.com, "The service that Americans are getting from this pharmacy is superior to anything they're getting retail in the United States." Showing a reporter around the company's new distribution center in an industrial park on the outskirts of Winnipeg, Mr. Fraser said that the prescriptions his company fills were seen by three pharmacists and that a Canadian doctor was a co-signer on each prescription.

Mr. Fraser was also host last month to Gov. Tim Pawlenty of Minnesota, who said afterward that he saw no health risk involved in Americans buying their drugs in Canada.

The online drugstores dismiss the suggestion that they have caused a shortage of druggists. The online companies, they say, employ only about 100 of the province's 1,150 pharmacists. The problem, they say, is a result of big-box retailers adding pharmacy counters in their stores.

Several online drugstore executives said that while business remained brisk, sales growth was slowing. "It's getting more competitive," said Michael Hooker, president of Canada Discount Rx, a midsize company with 75 employees, also based in Winnipeg. Profits are contracting because of the recent surge in the Canadian dollar, and companies are fighting harder over market share. "The way we get customers is getting to be a bit of a secret," Mr. Hooker said.

Many online pharmacies, in fact, do extensive offline marketing as well. Mr. Strempler of Mediplan said his company received more orders through ordinary mail than from its Web site. And some 10 to 15 percent of total sales are generated through what he called affiliates in the United States - insurance brokers, senior citizens' groups and charities that are paid a commission for referrals. For example, Patient Advocates for Advanced Cancer Treatments, a nonprofit group in Grand Rapids, Mich., gives Mediplan publicity in its monthly newsletter.

Manitoba politicians generally cheer the online drug entrepreneurs in public statements, but one official, who spoke on condition of anonymity, said that the government was taking a cautious approach to policy on cross-border drug sales, out of concern that the boom may be short-lived.

Having the United States ease its restrictions on cross-border drug sales would not necessarily be good for the Manitoba entrepreneurs. "Canada cannot sustain an open border," Mr. MacKay said. If drug wholesalers and big retailers were free to ship to the United States at will, "it would blow the whole industry out of the water." The harm to the cross-border drug sellers would result from large distribution companies filling patient orders directly if legal obstacles were removed.

Shipments by the distributors to the cross-border sellers have fallen sharply as manufacturers have clamped down. Now, the Internet sellers get their medicine supplies from conventional pharmacies that are able to get more than they need from the manufacturers' distributors. In addition, each Internet seller is required by Canadian law to have an actual pharmacy; such pharmacies are often able to get supplies from distributors as any other drugstore does.

Some experts predict that with new laws or without them, the price gap between the United States and Canada is sure to narrow eventually. And once the new Medicare prescription drug benefit takes effect in 2006, many older Americans may no longer see much advantage in buying from Canada.

"Some seniors may not need our business anymore," Mr. Strempler of Mediplan said.

Still, he seemed unruffled as he walked through Mediplan's new building in Niverville, most of it still unused. The operation can process up to 25,000 prescriptions a day, Mr. Strempler said, but if orders from the United States dry up, "we'll turn it into a gymnasium or a skating rink."


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