Jodie Bernstein, Director of the FTC's Bureau of Consumer Protection, made the comments in testimony before a House Subcommittee about the benefits and risks of online pharmacies.

Bernstein noted that the availability of prescription drugs via online pharmacies offers potential benefits to consumers, including convenience and value, but she warned that "the current practices of some online pharmacies and of some physicians that provide online prescription services indicate the potential for serious consumer injury."

The testimony recommends that Congress consider whether legislation requiring disclosure of identifying information about the location of a prescription drug web site, online prescribing physicians and online pharmacies is necessary to assist state law enforcement efforts.

Bernstein said that "[s]ignificant potential for injury exists when prescriptions are issued without adequate review of the consumer's medical history, or when unapproved drugs are sold to consumers over the Internet by overseas pharmacies.

According to Bernstein, the rapid growth of online sales of prescription drugs presents significant technological and logistical challenges to the traditional state regulatory framework that protects consumers in the marketing of prescription drugs. She noted that both state medical boards and state pharmacy boards have expressed concerns to the Commission that their existing enforcement tools are not adequate to police the online medium.

Bernstein also told the Committee that the agency had reviewed almost 100 sites provided by Subcommittee staff. Very few provided adequate identifying information, she said.

"Even when parties can be located, it can be difficult and costly for a state medical board or a state pharmacy board to pursue law enforcement against an out-of-state physician or pharmacy prescribing or dispensing prescription drugs inappropriately via the Internet."

The testimony describes two efforts by FTC staff to purchase prescription drugs online. Both efforts were successful even though in one case the staff listed a "patient's" medical history that should have raised serious concerns about the appropriateness of issuing a prescription.

In both cases, staff of the Commission were issued a prescription for Viagra online with no questions asked. Referrals were made to the relevant state medical and pharmacy boards, the testimony states.

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