(As you may well have noticed, my posting has become far less frequent than my typical. For that I heartily apologize--it seems that blogging does not work well on Royal Caribbean Cruise Line (just letting you know should you ever try it). I have been unable to upload my posts due to poor connection (the connection times out before I'm able to upload) and my trusty Mac is not supported.
Next week you'll be seeing posts in the double-digits but this week it's slim pickings until I can find another person with a PC and enough patience to survive the long upload.
Sorry!
For that reason, I've decided to re-schedule some of the most popular posts of the past until I can get back to my home base on dry land. Here's the first:)
Have you ever heard this term before? As in, not black, not white…but gray. Somewhere between the legal and the illicit market lies this amorphous zone of unease we call the “gray market.”
Vets have become all-too familiar with this term since online pharmacies began taking “vet-only” product sales out of our hands. These are the “gray” products—the supposedly “vet-only” items that have somehow managed to end up in the hands of these online retailers.
Merial, Novartis and Pfizer won’t sell their Heartgard, Frontline and Revolution directly to the likes of 1-800-PetMeds. They don’t want to be seen by vets as the bad guys who help others take the retail business out of veterinary hands. So where are online pharmacies getting these products if the manufacturers claim they aren’t selling them to non-vets?
The gray market for these products exists when some vets sell their surplus products back to online pharmacies or when third-party companies in other countries (less regulated than we are here) do the same. It’s technically not illegal, since the vet-only pharmaceuticals don’t have the same regulations as human meds and products.
The Merials and Pfizers of this world decry the gray market that allows these products to get re-routed to a third party retailer like PetMeds. And to show us how much they dislike this practice they stand up for their vets by refusing to stand by their products when sold through third parties.
But think about it: Isn’t it convenient for Pfizer to sell Revolution in a wider marketplace while shirking any legal responsibility for its safety or efficacy once it hits the gray market? It’s more profitable. It keeps vets happy. And so it’s brilliant!
Just because I’m critical of the whole industry doesn’t mean I wouldn’t buy from companies like this. In fact, I’ve ordered from PetMeds and I respect the science behind Pfizer’s products. What I object to is the marketing strategy shell-game that goes on behind the products that keep our pets healthy. The hypocrisy is not just odious on principle, its opacity hurts everyone but the big guys who know how to play the Goldilocks game—that is, they’ve got their moves down just right.
I started thinking about all this after I mentioned in my VetCentric post’s comments that it’s illegal for a vet to refuse scripts for products. And, so you know, that’s true for all states. There’s a Federal law that prohibits any medical provider from not offering a choice. Here’s a pharmacist’s explanation (as it appeared on the Veterinary Information Network):
There is trade law that applies (Robinson-Patman Act). No state specific law is required.
Under a menu driven business model (which is the traditional manner of veterinary practice) clients have the legal right to get their prescriptions filled at the source of their choice. If you interfere with that right you have committed a Robinson-Patman (Federal trade law) violation.
For guidance contact the Federal Trade Commission and talk to someone in the antitrust division who is knowledgeable about Robinson-Patman. Be prepared for a long conversation. Last time I talked with FTC it was a 5-hour long-distance phone call (on their dime). Unfortunately they sometimes don't get it right, either. I had to point out errors to the "expert" I was talking to - and she later called back to say that I was right.
I expect that PetMed is fully aware of the implications of Robinson-Patman. For a while they seemed to be gathering data about veterinarians' refusal to issue prescriptions. They can also afford to spend the dollars on the lawyers in private practice who will become experts in this area of law before they remove your skin.
-Doug Kemp, Pharm.D.
During the course of my research, I also read about a significant percentage of vets (including a well-respected vet in my area) who explain that they won’t write scripts for vet-only products if the retailers and manufacturers won’t stand by them. They claim (although there’s no precedent for this) that this scenario makes them liable for any issues a client might have with these pharmaceuticals. So they won’t write scripts. Period.
Under these conditions I can understand a vet who says ‘no’ to vet-only drugs—but antibiotics? Thyroid meds? Vitamins?? There’s no excuse for denying a non vet-only script according to Federal law. That seems pretty clear.
But now that I’ve heard the argument against gray market scripts I’ve got to wonder: Am I liable for my indiscriminate scripting of vet-only meds? Do I need to inform my clients before scripting? Should I include a caveat on all these scripts? What’s my legal position here? Does the Federal law protect us if we script out gray market vet-only meds? Are we breaking the law if we don’t?
I wouldn’t be so concerned for my own scripting except I’ve heard confirmed reports of PetMeds and others sourcing their products from overseas. I’ve heard tell of expiration date counterfeiting and expired product sales. It’s enough to make any legally nervous vet a nervous wreck. What if I’m hurting my patients with these drugs? What if some of the “flea and tick resistance” I’m seeing is because my clients are using expired or counterfeit drugs? How would I know?
I know that sounds alarmist but this is a relatively new concept for me. I don’t know what the answer is but I do know that vets are between a rock and a hard place on this one, convenient though that may seem to the yellow-eyed among us.
I do know, however, that VetCentric (the subject of the post that spawned this revelation) sells only on behalf of vets. This gives them the ability to buy vet-only drugs with impunity. But the PetMeds thing? I’m looking into it. I’ll let you know when I have more answers. In the meantime, I’ll rely on you to fork ‘em over if you’ve got ‘em.
This person is a tech for my vet, I just cannot remember what he told me exactly. What I do know is that my vet's staff are often questioned about whether these said products are any good beyond their expiration date. This leads to questions such as "Where did you buy the product from?" which some pet owners apparently have a problem with as they'll reply with "What difference does that make?"
What these clients fail to realise is that where they purchased their product from does make a difference and it isn't just about what is in their wallet.
Merial refuses to stand by these grey market products and who can blame them. I wouldn't want the responsibilty for another company that makes product under different standards than ours either. It's a lawsuit waiting to happen. Note that I'm not defending the FDA here in the states, but atleast if Merial screws up a batch, there is something that can be done about it. What is a person going to do with bad product that came from Germany? Not much other than complain because Germany's laws and regulations regarding medication, prescriptions and such are different than what we have here in the states.
Through the eyes of a vet, I'm not really sure how to handle such issues other than stick to your sources that you know are valid and don't dip into the grey market pot. If a client is that adament about using said product, make them aware that it's a buyer beware situation and why.
One would think that with all the mess that surrounded the pet food recall which is still isn't over as more reports are trickling in that people would get the idea that buying product from overseas or that is manfactured overseas doesn't always mean you get what you wanted for a fair price. Sometimes it can actually prove to be fatal and yet companies like 1-800-Pet-Meds don't care. This of course doesn't come to any surprise to me as they don't care about their customers or pets despite what Betty White is paid to say about them.
The same can be said about big box stores like Walmart. I think they should add "Made in China" to their labels as just about everything they carry comes from there. Price things cheap enough and people will come. Good for business, but it sucks for the rest of us as we have to listen to the never-ending whining that comes from people buying cheap crap from them that wasn't meant to stand the test of time. A piece of furniture that is put together with a screw driver is not the same as 100 year heirloom piece that was hand carved. This would seem obvious, but apparently people need this reality check occasionally.
As for expiration dates, aren't they also a bit of a ruse by the pharmaceutical industry? There are a few large charities which collect expired medications and then "recycle" them for use by the poor in third world countries. I doubt this practice would be permitted, let alone supported, if it was actually dangerous. I think expiration dates are just something we all expect to see, not necessarily something carved in stone.
In summary, I think it's very kind of you to allow your patients to have access to less-expensive medications via the Internet, and if those companies sold dangerous or ineffective medications, they wouldn't stay in business. I have a beef against 1-800-Pet-Meds because they recently threatened to sue me over a domain name I've owned since 2003, but I have no problem with the concept (or with their competitors, heh).
People see the price of a medication and assume that the med is all they're paying for... But I personally don't view my dog's $50 a bottle Clomicalm to be the same as the PetMeds $34.99 a bottle Clomicalm, because when I purchase from my vet I'm supporting her office and her expertise, and paying for the time she puts in when I call with questions about how to use it.
I dunno. I don't understand why vets are being labeled as money-grubbing and PetMeds is viewed by so many as altruistic because they offer cheap prescription drugs. Of course PetMeds is also making money off of these drugs... And you are paying an unseen price somewhere.
I'm all for offering prescription drugs in the most affordable way possible, but I'd definitely opt for a company with a better track record than PetMeds. Why deal with a company that has been known to harass clinics to fax a prescription for a dog who hasn't been seen there in over a year? VetCentric sounds like they try to work with rather than against vets, which I think turns out better for patients.
It seems a little like the debate over low-cost vaccination clinics... they sure reduce vets down to the base level of vaccine-pusher, but you get a lot more pets vaccinated. Many of these Petco-vaccinated pets never see a vet for a physical because "they got their shots". Is the public health benefit worth the risk to the individual animal?
About expired drugs being sold in third world countries-- it's widely viewed as a problem. Expiration dates exist for a good reason (that being that many drugs, especially those that cost quite a lot to make, are unstable and break down; they break down even faster when transported and stored in less than ideal conditions. Handwringing over the plight of the poor doesn't change the cranky nature of hydroxymethylchickenwire, the key ingredient in most expensive drugs.) Having access to counterfeit and expired drugs is worse than having no access at all: after all, it's better to sit home and suffer than to walk miles to buy a dead drug for a day's pay, walk miles home (depleting energy with every step) and then suffer.
Back to enjoying this morning's "progressive standard of living", (let us say).
Isn't it interesting that the vet industry works hard to ensure that animals get safe drugs while human docs take a far more hands-off approach? (Think of all the Oxycontin people can buy online!) Sometimes having a [financial] vested interest in a product means there's more safety, more service and more good medicine as a result. Doesn't it make you wonder about the human medical system?
As far as buying from vets, I feel like I support my vets (equine and feline) quite well. My cats are always UTD on shots and teeth, and my horse is a disaster area and needs the vet out at least once a month (if it's not IA injections, it's teeth or stitches or clogged tear ducts or acupuncture). If it's a one-time drug--antibiotics, eye drops, etc., I have no problem buying from them. If it's a lifetime thing (like Adequan), I'm looking for the best price.
Check it out - the label will say where the drug is manufactured. Brand name products should be safe even if imported. There is some risk where generic drugs are concerned, since there are often many manufacturers located around the world.
(ok one thing. I like my vet so I buy my drugs from him/them. I don't think they're gouging me, but if they are so be it.)
Have fun playing shuffleboard you *&*&&%*&. Make sure the sturgeon doesn't accidently fall off the boat. ;-)
http://www.epa.gov/pesticides/factsheets/petproduc...
http://vetmedicine.about.com/b/2004/03/11/counterf...
I am very reluctant to purchase these products anywhere other than where the manufacturer will stand behind them.
I have been pretty fortunate in the care of my pets so far. One was diabetic, and I purchased her insulin and needles from the local drug store.. other than that, there has been some antibiotics, and other random one time medications, and for those I am willing to pay my vet's prices - mostly because I love him, and he recently opened up his own shop and I want to support him to ensure he stays in business.
Now if someone came down with a long term expensive medication and my vet wasn't willing to match online prices, I might have to reconsider that..