[e-drug] Argentina to crack down on pharmaceutical black market

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E-drug: Argentina to crack down on pharmaceutical black market
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Lancet 2001; 358 no 9275 (7 July)
Argentina to crack down on pharmaceutical black market
Argentina looks likely to adopt urgent changes to its criminal code to 
combat the country's burgeoning pharmaceuticals black market. This highly 
organised and potentially dangerous trade involves drugs which have been 
stolen, adulterated, counterfeited, and/or smuggled.
The most recent crime statistics reveal that in one month alone (May, 
2000), 200 truckloads of pharmaceuticals were hijacked and 50 production 
plants were raided in different parts of the country. Follow-up 
investigations by the Argentine food and drug administration, ANMAT 
(Administración Nacional de Medicamentos, Alimentos y Tecnología Médica) 
aided by a specialist team of federal police officers and prosecutors found 
evidence that up to 22·7% of drugs sales are irregular: 9% are outdated 
products; 6% are smuggled, mainly from neighbouring countries where 
controls are less stringent; 4% have altered packaging; 2% are free samples 
intended for health professionals; and 1·7% are simply bogus.
The black market includes some prescription drugs, but the most affected 
are over-the-counter products such as antihistamines sold in supermarkets, 
shopping malls, and even on the street. ANMAT estimates that as many as 
seven out of ten health products sold outside pharmacies are bogus or 
irregular.
Carlos Chiale, director of Argentina's national medicines institute 
(Instituto Nacional de Medicamentos), points out that this situation not 
only endangers lives, but also harms the country's beleaguered economy. He 
calculates that the illicit pharmaceutical market costs US$150 million in 
lost tax revenues alone.
Current legislation in Argentina penalises adulteration that involves an 
intent to injure. Jail sentences for the offence can be up to 10 years. But 
the criminal code is silent regarding offences committed for pecuniary 
gain, the falsification of pharmaceutical documents, or the sale of 
counterfeit drugs.
Acting on recommendations from the Health Committee of the Chamber of 
Deputies, due to be presented within days, the entire national Congress is 
expected to introduce urgent legislation later in the year. Cristina 
Guevara, who is head of the Health Committee, has drafted legislative 
proposals seeking to criminalise certain practices and impose jail 
sentences of up to 25 years. Her proposals are supported by of all the main 
political parties.
However, tougher legislation may not be enough. ANMAT has only 15 
enforcement officials to monitor thousands of establishments scattered over 
territory extending from the tropical frontiers with Bolivia, Paraguay, and 
Brazil to the chilly peripheries of Tierra del Fuego. Moreover, 
intellectual property protection for pharmaceuticals remains something of a 
novelty, following belated adoption of drug-patent legislation under 
pressure from US and UK controlled multinationals. Argentines have yet to 
lose their reliance on cheap, locally produced generics.
Graciela Iglesias-Rogers

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