June 14, 2010
The state of Texas has wrapped up its case against a woman who unlawfully marketed and sold prescription drugs, including instructions for botulinum toxin injections, over the Internet.
State investigators say Laurie D'Alleva and her Mansfield-based businesses, Discount Medspa and Ontario Medspa, improperly marketed cosmetic enhancement prescription devices and prescription drugs over the Internet. She also provided links to video instructions for "do-it-yourself" injections of botulinum toxin.
To resolve the state's enforcement action, D'Alleva agreed to pay the state $125,000 in civil penalties, attorneys' fees and the Texas Department of State Health Services' investigative costs.
The drugs and devices marketed by D'Alleva are available only to purchasers who have prescriptions from licensed medical professionals. Thus, she improperly made those products available to people without requiring prescriptions. Further, she did so without licenses to dispense, distribute or sell prescription products, as required by state law.
Variety of products
Products that D'Alleva offered for sale included: Dysport and "Freeze," which both contain botulinum toxin; several prescription saline solutions and creams; an anti-depressant to lift libido; the human chorionic gonadotropin hormone for weight loss; and the prescription device Restylane for face augmentation.
Court documents filed by the state indicate that an undercover investigator purchased a "Newbie Starter Kit," which contained the prescription Restylane in a filled syringe, a 50-unit Freeze product containing purified neurotoxins, one package of Bacitracin, empty syringes and needles, and other pharmaceuticals.
D'Alleva and her businesses are charged with multiple violations of the Texas Food, Drug and Cosmetics Act and the Texas Deceptive Trade Practices Act. According to investigators, the defendant falsely -- and unlawfully -- claimed that prescription-only products were available to all purchasers without restrictions.
Further, although D'Alleva promoted her membership with an organization called the Texas Medical Council -- which she said granted her the authority to sell prescription-only products -- no such organization actually exists.