Attorney General's News Release

Augist 11, 2000

Nixon asks court to order Walgreen to comply with investigation into alleged disclosure of prescription info

Jefferson City, Mo. — Missouri Attorney General Jay Nixon is seeking a court order to force the Walgreen pharmacy chain to cooperate with an Attorney General's investigation into whether HMOs, drug companies and pharmacies are selling the private medical records of individual consumers. Walgreen recently refused to comply with a legally binding investigative demand from the Attorney General to turn over documents related to the investigation.

"Consumers have the right to know if their prescription information is being kept confidential by their pharmacies or being sold to other parties who want to send them solicitations for their medical products," Nixon said. "In a time where it is becoming increasingly difficult to keep private information confidential, a person's medical and prescription information should be sacrosanct and not treated like a commodity to be bought and sold on the open market."

Nixon filed a petition today in St. Louis City Circuit Court, seeking enforcement of the civil investigative demand sent to Walgreen to obtain information from the company about its practices. Nixon said other companies contacted by his office have been cooperative.

Concern has been raised by consumers who have been suspicious of targeted marketing pieces suggesting that certain companies may be aware of a medical condition that the consumer assumed was a private matter between the patient and the doctor. In 1998 Nixon obtained a court order against a Kansas City-based business for peddling a fake Viagra-like product to men across the country. The business may have obtained a list of men who had prostate surgery in order to target marketing efforts toward them, Nixon said.

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