Attorney General's News Release

October 25, 1999

Nixon obtains injunction against Texas pharmacy to stop illegal Internet drug sales; restitution, penalties ordered

Jefferson City, Mo. — Attorney General Jay Nixon today obtained a permanent injunction preventing a San Antonio, Texas-based pharmacy and its owner from using the Internet to illegally sell prescription drugs to Missourians.

The consent judgment approved by Jackson County Circuit Court Judge K. Preston Dean II also orders S&H Drug Mart and its owner, William A. Stallknecht, to pay restitution to Missouri consumers who purchased prescription drugs through www.thepillbox.com from Jan. 1, 1999 through June 30, 1999 and pay $15,000 in penalties and costs to the state of Missouri.

Nixon had sued the pharmacy in July for violating state law by providing prescription drugs to Missouri consumers without a license and on the basis of information provided in online consultations. At the time, Nixon said consumers' health could be endangered because the pharmacy and its consulting physicians could not confirm medical information with those ordering the drugs.

"Prescription drugs can be dangerous or even deadly if not dispensed properly, and that is why the state of Missouri has many safeguards in place," Nixon said. "This court order helps protect Missourians' health and serves notice that we won't let the Internet be used as an avenue to circumvent state laws."

Nixon said the help of the Board of Pharmacy and the Board of Healing Arts was instrumental in the case.

The permanent injunction prevents Stallknecht and S&H Drug Mart from filling or shipping prescriptions to Missourians unless or until they obtain all required licenses from the Missouri Board of Pharmacy. The defendants also cannot fill prescriptions for Missouri residents if those prescriptions are issued by health care practitioners not licensed to practice medicine in Missouri or if the health care practitioner has never conducted a physical examination of the person for whom the prescription has been issued.

The website operated by the defendants also must prominently display a notice advising consumers that the prescription service is not available to Missouri residents. The order provides for penalties of up to $5,000 for any violation of the injunction by the defendants.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818