eBay Counterfeit OTC Drugs May Prove Deadly For Consumers

Unknown ingredients await purchasers of online drugs.

November 7, 2017, Los Angeles, CA – Consumers looking for low prices on over-the-counter ("OTC") drugs may get a lot more than they bargained for when shopping online - they may end up dead.

A recent television report spurred by The Counterfeit Report's investigation into fake OTC and medical products disclosed come very alarming dangers when purchasing counterfeit versions of the OTC topical anesthetic, Dr. Numb®.

Alarmingly, The Counterfeit Report found over 21,000 counterfeit Dr. Numb packaged products on eBay (NASDAQ: EBAY), and purchased 40 of the fake items. eBay listings report that over 13,400 counterfeit products had already been sold to eBay consumers.

Authentic Dr. Numb 5% Lidocaine Cream is a popular topical anesthetic used to reduce pain, tattooing and hair removal. Dr. Numb is approved by the U.S. FDA for sale in the United States, and Health Canada for Canadian offerings. (Many OTC lidocaine products requiring approval and sold online, with various claims and potencies, are not)

Counterfeit Dr. Numb, common on eBay in the inarguably fake packaging shown below, was also purchased by the Fake Britain TV series and submitted to Loughborough University's Department of Chemistry for ingredient testing. The fake Dr. Numb did not contain any Lidocaine as indicated, but Tetracaine, an anesthetic known to cause fatal defects in animal testing, and can result in "full blown anaphylactic shock" says, Dr. Tom Brock, Surgeon and Anesthesiologist at Queen Elizabeth Hospital.

The Counterfeit Report sent infringement notices, authorized by the manufacturer, to eBay for removal of the counterfeit items, and also notified eBay General Counsel, Marie Oh Huber, of the potentially deadly counterfeit items being sold on eBay. Repeat requests to Ms. Oh Huber asked that eBay notify purchasers of the dangerous and potentially deadly products. While a receipt acknowledgement of the notice to Ms. Oh Huber was received, she did not respond, nor did The Counterfeit Report ever receive any notification from eBay that the fake Dr. Numb items it purchased through various accounts were dangerous or potentially deadly.

Despite the notifications to eBay, fake Dr. Numb items continue to be listed, often by repeat sellers. eBay went so far as to block all test purchase accounts and purchases by The Counterfeit Report, and by extension, any protections afforded eBay consumers. Even if listings or accounts are removed from eBay, counterfeit sellers can easily relist, or sell under new accounts. eBay receives a transaction fee for each fake item sold.

Photo: ©The Counterfeit Report - All new authentic Dr. Numb products have the smart holograms shown that can be scanned via mobile applications.

Buyers should be very wary of purchasing any trademarked item unless it comes directly from the manufacturer or authorized retailer. Counterfeiters and dishonest sellers are very good at creating visually deceptive products, packaging, holograms, certification labels and documentation that easily deceive consumers. Ingredients and manufacturing conditions are unknown in counterfeit OTC drug products.

Companies that facilitate criminal activity and profit from dishonest sales which impact consumer safety, jobs and public trust create a public perception of deception and impunity. However, their reputation damage is inconsequential to the real problem: the value of counterfeit and pirated goods is forecast¹ to grow to $2.8 trillion, and cost 5.4 million net job losses by 2022, while legitimate manufacturers' brand integrity is tarnished or destroyed.

Counterfeit Dr. Numb® is the first in a series about counterfeit OTC and medical products sold on eBay.

Warning: The safety and effectiveness of any lidocaine product depends on proper dosage, correct technique, adequate precautions, and readiness for emergencies. The Counterfeit Report does not endorse, recommend, or provide guidance in the use of any product.

Footnote:
¹ THE ECONOMIC COSTS OF COUNTERFEITING AND PIRACY
The report was prepared for The International Chamber of Commerce (ICC BASCAP) and The International Trademark Association (INTA)
January 2017
Frontier Economics, Ltd.

21 US Code §321 (g)(1)
The term “drug” means (A) articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any article specified in clause (A), (B), or (C). A food or dietary supplement for which a claim, subject to sections 343(r)(1)(B) and of this title or sections 343(r)(1)(B) and 343(r)(5)(D) of this title, is made in accordance with the requirements of section 343(r) of this title is not a drug solely because the label or the labeling contains such a claim. A food, dietary ingredient, or dietary supplement for which a truthful and not misleading statement is made in accordance with section 343(r)(6) of this title is not a drug under clause (C) solely because the label or the labeling contains such a statement.

The term “counterfeit drug” means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed such drug and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, such other drug manufacturer, processor, packer, or distributor.