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Other Related Topics >> Laws, Regulations, and Enforcement

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KarmaKelly
Member


Reged: 04/20/02
Posts: 126
Legality of OP Websites
      #184884 - 09/04/04 01:08 PM

Is it legal for a website (name best kept of board at this point) to picture and promote that they have Xanax with the price listed right by it when in fact, they do not have name brand Xanax at all. Should it not be listed as Alprazolam with the picture of the generic brand they use? Isn't this illegal as heck?

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Stardog
Member


Reged: 08/28/04
Posts: 195
Loc: Where it all Begins
Re: Legality of OP Websites [Re: KarmaKelly]
      #184885 - 09/04/04 01:16 PM

Dude, I don't know which one in particular you're talking about, but I see that all over the place. Not only that, but the initial ads say "Xanax for as low as $xx.xx and the actual price for any amount far exceeds that when you try to checkout. Who's going to legislate it, though? Internet laws are still shaky. Law experts, please commiserate and get back to us!

It just shows that those places are disreputable, anyway, so why bother ordering from them?

Stardog


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seaofyouth
Journeyman


Reged: 09/22/03
Posts: 78
Re: Legality of OP Websites [Re: Stardog]
      #184893 - 09/04/04 01:58 PM

What about that big picture of smiley, shiny-toothed doctors all standing in a circle waiting to answer your every medical need that all or most websites sport. . when in fact all you do is fill out a questionarre. . .Are those people they picture the "real" doctors?

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KarmaKelly
Member


Reged: 04/20/02
Posts: 126
Re: Legality of OP Websites [Re: seaofyouth]
      #184912 - 09/04/04 02:59 PM

Good point!!! I just know had I not been reading the messages on this board to know that this site does not have brand name, I would have been mad as heck if I ordered Xanax (as listed) on that website, and got generic instead.
Another great point from the other poster is, if they feel okay with having their website that way, how reputable are they? I know I will not be ordering from them. I believe it is far better to go the records OP route (if you have the records). Another indication of their not so satisfatory reputation lies in the fact that they have changed names twice quite recently. (Very similar names, but just a tad different - like from good to better).


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patient2all
Enthusiast


Reged: 05/16/02
Posts: 293
Loc: usa
Re: Legality of OP Websites [Re: KarmaKelly]
      #185007 - 09/05/04 12:55 PM

Quote:

Are those people they picture the "real" doctors?





No, it's usually "stock art", available free or near free. often the images come with the template used to set up the OP site.

I would imagine the reason a brand name like "Xanax" appears rather than "Alprazolam" is to come up more often in organic search engine results. You going to search on "Alprazolam"? - probably not. I can't even spell it without pasting it here!

Last month Overture Search Queries:

Alprazolam 25779 (surprised it's that high!)
Xanax 73696

--------------------
patient2all

It's a sad world, getting sadder by the day....


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seaofyouth
Journeyman


Reged: 09/22/03
Posts: 78
Re: Legality of OP Websites [Re: patient2all]
      #185034 - 09/05/04 05:21 PM

Most of the OP's I have dealt with sell both generic and name-brand medicines, at very different prices. . .they usually ship with they say they will. .name-brand will cost you ALOT more at OP's.

S~


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ikestormu11
Member


Reged: 06/02/04
Posts: 113
Loc: District of Columbia area
Re: Legality of OP Websites [Re: patient2all]
      #185036 - 09/05/04 05:33 PM

I agree with patient2all. Not many people are going to search for xanax by it's generic name. As far as advertising "xanax" and distributing generics, I doubt the OP's are worried about it. The OP's as a whole seem to be operating in a gray area.

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boylston
Newbie


Reged: 07/23/02
Posts: 32
Re: Legality of OP Websites [Re: patient2all]
      #193611 - 10/14/04 03:10 AM

Quote:

I would imagine the reason a brand name like "Xanax" appears rather than "Alprazolam" is to come up more often in organic search engine results.




I think the fair solution is to list, "Alprazolam (generic for Xanax)." That way the consumer knows he/she is getting a generic, and the site will still come up during a search for "Xanax."


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neonsign2003
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Reged: 12/26/02
Posts: 468
Loc: midwest
Re: Legality of OP Websites [Re: boylston]
      #193622 - 10/14/04 04:54 AM

I agree with you 100%. It is confusing to many people when they use the brand name and do not identify that it is generic. I also think they should name the company that is making the generic. People have a right to all the information about the medicine they are going to put in their body

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nycalt



Reged: 05/04/04
Posts: 548
Loc: Manhattan, NYC
Re: Legality of OP Websites [Re: ikestormu11]
      #194354 - 10/17/04 05:49 AM

Quote:

I agree with patient2all. Not many people are going to search for xanax by it's generic name. As far as advertising "xanax" and distributing generics, I doubt the OP's are worried about it. The OP's as a whole seem to be operating in a gray area.




First if all, yes, it is technically illegal to use a brand name in that way. In fact, it is technically illgal to use any registered trademark, without at least a disclaimer saying that it a trademark of the owner.

But it happens all over the place not just just in the OP world and is rarely inforced as it is pretty much up to the owner of the trademark to sue for enforcement. Since it is all over the place, most companies have tolerance levels. Basically, if it costs them money, they will first threathen with a C&D (cease and desist) letter and then, sue.

Otherwise, they will probably let it slide as it not worth the time, money or effort. And thankfully, our federal government isn't spending our tax dollars making sure generic and not brand names are used where the brand name is not being sold. Especially since it really makes no difference to the consumer when it comes to dugs as FDA regulations state, once again, that generic must be of the same quality as the brand name.

Any perceived differences is simply a result of the marketing and advertising dudes doing their to convince you so. Brand loyalty is very desirable for obvious reasons.

It's those same people who pay $5 for Bayer aspirin instead of the $1.99 generic equivalent. Big business loves you guys. Aspirin is aspirin no matter who makes it. But, obvioulsy, thanks to advertising, many people believe otherwise.

And the people who jump up and down because they got send Mallincourt instead of Watson.

When it comes to medication, over the counter or prescription, in the U.S. it is all controlled by the FDA and THERE IS NO DIFFERENCE between the brand and any generics, no matter who makes them.

Especially once drug companyies loose patents, their interest in the drug wanes as its profits and sales do due to generics. Drug companies basically survive for the seven year patent and are mainly driven toward new product development.

Second, as you and others mention, the internet is kind of like the "wild west" where anything goes and it will take time and be difficult to "tame" through laws, etc.

The "world at your finger tips" nature of the internet (the U.S. has no legal jusidiction over web sites you visit and/or in Russia for example) and the relative ease of setting up a basic internet operation kind of guarantees this.

Which, in my mind, is a good thing. One thing the government can't totally control with a million laws, ratings requirements, warning labels all over the place, family hours and the like where you can see people shoot other people (okay, I guess) but not use dirty words that they kids hear in school. Rediculous.

The U.S. seems to have this obsession with labels, ratings, warnings etc., instead of helping people, saving people from themselves and having to get educated enough to make informed decisions or have parents around to make sure their kids aren't watching something they shouldn't be.

Let's concentrate on the big things, like producing jobs, not going into dangerous and unneccessary places where we are not welcome.

Or when it comes to regulations, making sure that companies protect the environment and produce safe, reliable products that do what they say they do without (in the case of meds) casuing dangerous side effects (lest we forget Vioxx, and the others pulled due to "post-marketing issues" that probably could have been avoided had more testing been done.

Again, no offence intended, but to me, that's the important stuff. Not whether the picture of the doctor on the web site matches the actual doctor they use or whether they say Xanax but actually sell the generic equivelent only.

Man, I wish that was all I had to worry about.


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