Two drug distributors accused of selling counterfeit versions of
the popular cholesterol-lowering drug Lipitor have agreed to stop
doing so.
Lipitor is the most widely prescribed cholesterol-lowering drug
in the United States, with 18 million users, and the best-selling
prescription drug in the world. Annual worldwide sales of the drug
total more than $9 billion.
On Tuesday, Albers Medical Distributors Inc. of Kansas City and
Med-Pro Inc. of Lexington, Neb., agreed to a court order barring
them from distributing fake Lipitor products.
The products are all but indistinguishable in appearance from the
genuine drug but don't have its chemical composition.
It isn't known whether the counterfeits are themselves harmful,
but people who have taken them won't receive the
cholesterol-lowering benefits the genuine drug provides.
The Food and Drug Administration said that patients who weren't
sure whether they had purchased the fake drug should check with
their pharmacist.
Albers and Med-Pro said they unknowingly had sold the fake drug
and were cooperating with the drug's manufacturer, Pfizer Ireland
Pharmaceuticals, and the FDA, which has launched a criminal
investigation.
Tuesday's agreement came after Pfizer and its American
subsidiary, Pfizer Inc., sued Albers and Med-Pro in U.S. District
Court in Kansas City for trademark counterfeiting, infringement and
dilution. It remains unknown how much of the counterfeit product was
distributed, but Pfizer said that Albers and Med-Pro had sold
"substantial quantities."
Pfizer first began investigating a few weeks ago when patients
described an unusually bitter taste after taking what they thought
was Lipitor. The company notified the FDA, which announced on May 23
that Albers had voluntarily recalled three lots of 90-pill bottles.
On June 3, the FDA issued another recall notice after saying its
investigation had turned up additional quantities of the fake drug.
"We have no medical reports to date of anyone that has been
affected in a dangerous manner," said FDA spokeswoman Indya Mungo.
"But we have had reports from consumers that the pills they bought
had a bitter taste or dissolved too quickly."
The FDA has advised consumers and health-care providers to check
the packaging carefully before using Lipitor. Consumers with
products containing recalled lot numbers should return them to their
pharmacies, the agency said.
The product was repackaged by Med-Pro and the labels say
"Repackaged by: MED-PRO, Inc. Lexington, NE" in the lower left-hand
corner.
Mungo said the FDA's Office of Criminal Investigations was
looking into how the fake product had entered the stream of
commerce.
Doug Albers, president of Albers, said Albers had bought the
allegedly counterfeit products from another company, "which
drop-shipped it for us to Med-Pro. So we never saw the product."
Albers referred additional inquiries to the company's lawyer,
Cathy J. Dean, who said it had agreed "to cooperate with Pfizer and
the FDA in any way we can to determine where these products came
from."
Albers is a 27-year-old wholesale distributor that buys from and
sells to other wholesalers. The company has notified the six other
distributors who purchased the lots in question. It said the fake
drugs "represent a potentially significant risk to consumers."
On June 3, the day after it filed suit, Pfizer said it was
notifying pharmacists and other health care professionals that drug
tablets identified as Lipitor in packages prepared by Med-Pro may be
counterfeit.
The company said its own analysis had determined that tablets
from Med-Pro packages purporting to contain Lipitor 10mg and 20mg
"bear a close resemblance to authentic Lipitor, though they may be
slightly thicker."
Pfizer said it does not distribute Lipitor to Med-Pro and has no
relationship with the company or with Albers.
The drug maker said it had received "fewer than 10" consumer
complaints so far.
In court documents, Pfizer said the unauthorized sale of
counterfeit Lipitor "poses an obvious health risk to consumers
because there is no way to assure that consumers are receiving a
health benefit from the fake product, nor is there any way of
knowing what impurities or safety defects the products contain."
Vanessa McGowan, a spokeswoman for Pfizer, said Tuesday's
agreement with Albers and Med-Pro "was the first step in the
litigation and is a fairly significant achievement."
As part of the agreement, Albers and Med-Pro agreed to produce
documents showing from whom they purchased and to whom they sold the
allegedly counterfeit drug.
Kansas City lawyer J.R. Hobbs, who represents Med-Pro, said the
company was cooperating with the FDA and "takes the position that at
no time did it knowingly repackage counterfeit Lipitor."
"Med-Pro doesn't manufacture, alter, own, buy or sell
pharmaceuticals," Hobbs said. "It receives delivery of finished
products in bulk and then packages them up in bottles and sends them
back to the manufacturers, wholesalers, distributors or their
customers."
Repackaging companies like Med-Pro typically don't perform
analytical chemical testing of drugs if the bulk containers they
receive arrive in properly labeled, undamaged containers.
Med-Pro said the Lipitor tablets it had received were the same
shape, size and color and had the same markings as actual
pharmaceutical samples of Lipitor. Other than the recall, it said,
it had no information to indicate the product wasn't manufactured by
Pfizer.
Pfizer introduced Lipitor in 1997 and has spent hundreds of
millions of dollars promoting it.
To reach Dan Margolies, call (816) 234-7740 or send e-mail
to dmargolies@kcstar.com.
Lipitor recall
The fake Lipitor was repackaged by Med-Pro and the labels say
"Repackaged by: MED-PRO, Inc. Lexington, NE" in the lower left-hand
corner.
The following lots are involved:
20722V -- 90-tablet bottles, 10 mg,
expiration 09-2004
04132V -- 90-tablet bottles, 10 mg,
expiration 01-2004
16942V -- 90-tablet bottles, 10 mg,
expiration 09-2004
20842V -- 90-tablet bottles, 10 mg,
expiration 09-2004
16092V -- 90-tablet bottles, 10 mg,
expiration 07-2004
D270481 -- 90-tablet bottles, 20
mg, expiration date not available
Pfizer has posted a picture of a Med-Pro repackaged Lipitor
bottle on its Web site at
www.lipitor.com.