Buying Medicines Online: Are there enough regulations to protect the public’s health?

By: Carl Louie D. Ravina

I. Introduction

The Internet has made it convenient and possible for consumers to purchase medicines through different online marketplaces. From over-the-counter medicines to prescription drugs used for hair growth, hypertension, cholesterol, diabetes, and other ailments, the Internet has all kinds of medicines that people can conveniently choose. However, this convenience has also caused problems for the government regulating medicines. Scrupulous sellers flood the online market with substandard, fraudulent, counterfeit medicines, and unsafe for public consumption. These medicines may contain inadequate amounts of active ingredients and may not have undergone the necessary tests. Unregistered and dubious online pharmacies make the availability of substandard and counterfeit medicines possible, and these substandard medicines present a risk to the health of the public.

In 2019, the United Nations Office on Drugs and Crime (UNODC) published the “Transnational Organized Crime in Southeast Asia: Evolution, Growth and Impact.” In the report, the agency reported that the geographical proximity of Southeast Asia to large fraudulent producers renders the region susceptible to the trade of falsified medicines. Internet commerce has aggravated this problem, which has further fueled the expansion of the trade of counterfeit and unregistered drug products. In 2021, the INTERPOL conducted Operation Pangea XIV to target and stop online pharmacies from selling counterfeit medicines and medical products. In cooperation with 92 countries, the operation resulted in 113,020 weblinks being removed or closed down.

In 2019, the FDA ordered the online shopping platforms Shopee and Lazada to stop selling medicines online until they procure the proper licenses. The order was in line with FDA Advisory No. 2019-154, which states that the FDA does not allow the online selling of medicines under the existing laws that regulate the selling of medicines. Only those FDA-licensed pharmacies or boticas with a physical address are allowed to provide online ordering services of medicines. Interested establishments must apply for this service as an additional activity subject to the approval of the FDA.

Presently, different laws govern the pharmacy practice and the online selling of medicines. The government has placed these regulations and laws to protect the Filipino people from spurious medicines that risk public health. However, whether these regulations are enough to combat the battle against counterfeit and unregistered drug products remains.

II. Objectives of the Study

The researcher of this study aims to address the need for a more comprehensive law on pharmaceutical e-commerce.

III. Methodology

The researcher used relevant provisions of different laws specifically related to the topic. The researcher cited pertinent provisions from the 1987 Constitution, Philippine Pharmacy Act, Food and Drug Administration Act of 2009, Joint DTI-DOH-DA Administrative Order No. 01 Series of 2008, The Consumer Act of the Philippines, and the Electronic Commerce Act. The researcher also cited pending bills and drafts namely Senate Bill No. 2512, House Bill No. 4, and the Draft for Comments of Guidelines on the Issuance of LTO for Drug Establishments Engaged in E-Pharmacy. For the data, the researcher sourced the numbers from a conference conducted last February 2022.

IV. Discussion

A. Common Violative Acts of Scrupulous Sellers

Scrupulous sellers of medicines commonly offer for sale over-the-counter and prescription medicines of unknown origin, storage, safety, and efficacy. Most of the medicines they sell are not FDA-Registered. They not only sell prescription medicines without requiring a prescription, but they also do not give directions and advice for the safe use of these medicines.

B. FDA Warning on Buying Medicines Online

On June 11, 2019, the Food and Drug Administration reminded the public of the significant risks of ordering medicines online. Through its advisory, Food and Drug Administration Advisory No. 2019-154 (June 11, 2019), the agency warned that drug products sold online might not have the proper storage conditions, which can cause drug degradation and lead to serious side effects and health problems. The agency further reminded the public that the medicines sold online might be counterfeit, adulterated, or unregistered.

The FDA even tested some of the medicines sold online and found that some contained toxic or dangerous substances that pose a significant risk to consumers. There is no assurance about how and where the medicines are manufactured, distributed, transported, and sold.

C. Pertinent Laws

1. The 1987 Constitution

Section 15, Article 2 of the 1987 Constitution states, “The State shall protect and promote the right to health of the people and instill health consciousness among them.”  From this provision, the Government of the Philippines has enacted different laws and regulations to protect the public from unscrupulous medicine sellers. The government enacted laws to regulate the practice of pharmacy through R.A. 10918 and to strengthen the regulatory capacity of the Food and Drug Administration.

2. Republic Act 10918 or the Philippine Pharmacy Act

Republic Act 10918, otherwise known as the “Philippine Pharmacy Act,” is an act that seeks to regulate and modernize the practice of the pharmacy profession in the Philippines. R.A. 10918 provides a more updated approach to the regulation of the practice of pharmacy, which includes a provision regarding the requirements for pharmacies engaged in the online selling of medicines.

Under Section 5(dd), the law defines online pharmacy services as those provided by a duly-licensed pharmaceutical outlet over the Internet. Under Section 30, Article IV, the law prohibits dispensing and selling pharmaceutical products to the consuming public, except through an FDA-registered drug outlet. The same section also provides that only a registered pharmacist can dispense prescription drugs and pharmacist-only OTC medicines, except in emergency cases where the services of a registered pharmacist are unavailable.

Under Section 7(A), Rule IV of the Implementing Rules and Regulations of Republic Act 10918, said section provides that a virtual pharmacy without a licensed physical outlet is not allowed. Section 14 of the same rule additionally provides that the offering of telepharmacy and online services of FDA-licensed drugstores/pharmacies/boticas are subject to the rules and regulations of the FDA.

Section 7(A), Rule IV of the IRR provides that a virtual pharmacy without a licensed physical outlet is not allowed. Republic Act 10918 also provides that the FDA, in coordination with the Professional Regulatory Board of Pharmacy, and the approval of the PRC, may add to, delete, reclassify, or modify the list of establishments outlined in the said law. This provision may allow the Food and Drug Administration the means to modernize and keep pace with the practice of pharmacy, especially under the “New Normal.”

3. Republic Act 9711 or the Food and Drug Administration Act of 2009

Republic Act No. 9711, also known as the Food and Drug Administration (FDA) Act of 2009, is a law that strengthens the regulatory capacity of the Food and Drug Administration. Amending RA 3720, RA 9711 established adequate testing laboratories and field offices, upgraded the equipment, and augmented the human resource of the FDA.

Under Section 6 of R.A. 9711, which amended Section 5 of R.A. 3720:

FDA Centers: The FDA shall have the following centers and offices:

1. Center for Drug Regulation and Research (including veterinary medicine, vaccines, and biologicals);
2. Center for Food Regulation and Research;
3. Center for Cosmetics Regulation and Research (including household hazardous/urban substances); and
4. Center for Device Regulation, Radiation Health, and Research

Each center is responsible for regulating health products under its respective categories. The regulation includes the manufacture, exportation, importation, sale, offer for sale, transfer, and advertisement of health products. Each center has a Licensing and Registration Division, which is responsible for evaluating health products and establishments for the issuance of authorizations.

Under Section 10 of R.A. 9711, which amended Section 11, subsection (a) of R.A. 3720, the said section states that the sale, distribution, promotion, advertising, or sponsorship of any health product is adulterated, unregistered, or misbranded is liable. Subsection (k) also provides the prohibition on the sale or offering for sale of any drug by any natural or juridical person without the license to operate from the FDA. Section 19 provides that the FDA shall establish a Regulatory Enforcement Unit (REU) composed of at least five (5) qualified personnel who shall be qualified as law enforcement agents. Said personnel shall execute and serve search warrants issued by the proper courts for any violation committed under R.A. 9711 and other related laws concerning the regulation of health products.

4. Joint DTI-DOH-DA Administrative Order No. 01 Series of 2008: Rules and Regulations for Consumer Protection in a Transaction Covered by the Consumer Act of the Philippines (R.A. 7394) Through Electronic Means Under the E-Commerce Act (R.A. 8792)

Under Section 1 of this order, the Department of Health (DOH), the Department of Agriculture (DA), and the Department of Trade and Industry (DTI) will enforce the implementing rules and regulations. The DOH is the agency that shall be responsible for enforcing Administrative Order No. 01 concerning food, drugs, cosmetics, medical devices, and hazardous substances.

Under Section 3 of the Joint DTI-DOH-DA Administrative Order No. 01, retailers, sellers, distributors, suppliers, or manufacturers engaged in e-commerce are reminded to adopt fair and reasonable business practices. Businesses engaged in electronic commerce must be compliant with the other requirements of the provisions of R.A. 7394 and its Implementing Rules and Regulations (IRR). For those engaged in the line of health products, businesses must ensure compliance with the requirements for safe and good quality food, drugs, cosmetics, and medical devices under Title II, Chapter II of the R.A. 7394, otherwise known as the Consumer Act of the Philippines.

Under Section 5, subsection 1, the order provides the requirements for the online disclosure of information. Businesses engaged in electronic commerce must provide updated, accurate, and accessible information to identify themselves. These include Department of Trade and Industry (DTI) or Securities Exchange Commission (SEC) registration, the principal geographical address of the business, the name of the owner for a single proprietorship or the names of directors for corporations, contact information, any relevant local/foreign government registration or license numbers, the representative agent of the business, and contact details of any business association or organization membership. The concerned regulatory agency may require additional requirements.

Under the same section, businesses engaged in electronic commerce must provide fair, accurate, clear, and easily accessible information describing the products offered for sale. The information must include the nature, quality, and quantity of the product to be offered for sale.

Under Section 9, e-commerce businesses must provide a complaint-handling mechanism in cases of consumer complaints within a maximum period of three (3) months. However, said complaint-handling mechanism should not prejudice the rights of consumers to seek legal redress.

5. Republic Act 7394 or The Consumer Act of the Philippines

Under the State’s policy to protect and promote people’s right to health and instill health consciousness among them, R.A. 7394, otherwise known as “The Consumer Act of the Philippines.”

Under Article 2 of R.A. 7394, it is the policy of the State to protect the consumers from those hazardous to the consumer’s health and safety, acts and practices that are deceptive, and to provide consumers with the means to redress their complaints.

Under Chapter II, Title II of R.A. 7394, the law further emphasized the State’s policy to ensure the safety and quality of medicines. Article 31 provides the guidelines for Licensing and Registration of any medicines. In addition, Article 33 states that the Department of Health is responsible for monitoring the presence of banned and restricted drugs retailers are selling in the market. Finally, under Article 40, the law provides that it is prohibited to manufacture, import, export, sell, offer to sell, or transfer any food, drug, device, or cosmetic that is adulterated, misbranded, unregistered, and being sold, manufactured, or distributed by an unlicensed drug establishment.

6. Republic Act 8792 or Electronic Commerce Act

R.A. 8792, or Electronic Commerce Act, is the law that serves as a framework for electronic dealings, transactions, arrangements, agreements, contracts, and exchanges. Also, Section 2 of the said law states that the State recognizes the role of information and communication technology (ICT) and its obligation to facilitate the transfer and promotion of technology. Furthermore, Section 3, Chapter 1 provides that the State aims to recognize the authenticity and reliability of electronic data messages or electronic documents related to such activities and to promote the widespread use of electronic transactions in government and by the general public. The State also aims to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts, exchanges, and information storage using electronic, optical, and similar mediums, modes, and technology.

According to Section 4, Chapter 1, this Act shall apply to any electronic data message and electronic document used in commercial and non-commercial activities, including domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges, and storage of information.

Under Section 5(5), R.A. 8792 defines an “electronic data message” as electronic or optical information generated, sent, received, or stored. Meanwhile, the law defines an “electric document” as information or the representation of information, data, figures, symbols, or other modes of written expression, described or however represented, by there is a right established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.

Finally, Section 33, R.A. 8792 provides that violations of the Consumer Act of the Philippines or Republic Act No. 7394 and other relevant or pertinent laws through transactions covered by or using electronic data messages or electronic documents shall be penalized the same penalties as provided in those laws.

7. DOH Administrative Order No. 2020- 0017: Revised Guidelines on the Unified Licensing Requirements and Procedures of the Food and Drug Administration Repealing Administrative Order No. 2016-0003

DOH A.O. 2020-0017 is the current order that provides the guidelines for all drug establishments that want to apply, renew, or add additional activities to their current activity. Under Annex C, drugstores wishing to provide online ordering and delivery services must list the service as an additional activity. Drugstores must provide a Standard Operating Procedure (SOP) and a screenshot of the website where patients can order medicines.

D. PENDING AMENDMENTS AND FDA GUIDELINES FOR THE OPERATION OF PURE E-PHARMACIES

1. Pending Amendments to R.A. 10918

A pending Senate bill seeks to regulate the practice of pharmaceutical outlets engaged in the online selling and dispensing of pharmaceutical products, particularly the operation of e-pharmacies. If passed and signed into law, this bill will serve as an amendment to Section 5 of R.A. 10918 and define the terms “Online Pharmacy or E-Pharmacy” and “Online E-Commerce Platform.” Said bill also adds a separate section to R.A.10918 for regulating online pharmacies. 

Under the bill, an Online Pharmacy or E-pharmacy is a form of pharmacy service that uses information technology or online communication to give patients or customers more convenient access to its service. Only a pharmacy with the appropriate FDA license can provide this mode of service through a secure online platform. Also, the bill defines an Online E-commerce Platform as a natural or juridical person that solicits the purchase of online products through online platforms and marketplaces whose business is to connect online sellers with consumers facilitating the sale of retail consumer goods and services.

Furthermore, if passed, Senate bill No. 2512 requires a pharmaceutical outlet operating solely as an e-pharmacy to register with FDA and secure the appropriate licenses. Also, the FDA requires the presence of a registered pharmacist who shall be responsible and accountable for complying with the laws and regulations concerning the practice of pharmacy. Lastly, the bill provides that the FDA, in cooperation with the appropriate government agencies, shall promulgate rules and guidelines on the regulation and licensing requirements for pharmaceutical outlets engaged in the online sales and dispensing of pharmaceutical products.

2. Draft for Comments || Guidelines on the Issuance of License to Operate for Drug Establishments Engaged in E-Pharmacy

With the current situation brought about by the COVID-19 pandemic, more consumers have shifted towards digital commerce platforms, including e-pharmacies. E-pharmacies provide convenience and allow consumers to buy their medicines without visiting brick-and-mortar pharmacies. Only those FDA-licensed pharmacies or boticas with a physical address can provide online ordering and delivery services of medicines. However, as previously stated, the proliferation of unregistered e-pharmacies and scrupulous online sellers of medicines have presented risks to public health.

Thus, FDA drafted guidelines to ensure the public’s health, support local and global e-commerce, and regulate pharmaceutical e-commerce. FDA provided these draft guidelines to ensure that the medicines are sold and dispensed online following the provisions of R.A. 3720, as amended by R.A. 9711 and R.A. 10918. Said draft also stated that FDA shall collaborate with partner agencies/offices to ensure the safety, quality, efficacy, and purity of health products available on the online marketplaces.

Under the said draft, the guidelines will cover the licensing of drug outlets, retailers of non-prescription drugs, and other establishments that will engage in online retailing of OTC or non-prescription drugs as an additional activity or operate as a pure E-Pharmacy. This draft will not cover prescription medicines.

The General Guidelines of the draft provide the following:

1. Advertisements offers for sale or use, and orders displayed on online platforms must be limited only to non-prescription medicines.

2. Establishments must only sell or offer FDA-registered medicines for sale.

3. Administrative Order 2020-0017 and FDA shall apply and be expanded in this circular.

4. The approval and the issuance of the License to Operate (LTO) applications to the CDRR shall require inspection by the Regional Field Offices (RFOs). The validity of the license shall coincide with the validity of the previously-issued LTO as Drugstore or RONPD. 4. All drug establishments directly selling medicines to consumers must secure an e-LTO as Drugstore and RONPD with an additional activity as an e-pharmacy or a pure E-Pharmacy. FDA-registered drug outlets or RONPD with e-pharmacy as an additional activity must allow for spot inspections by Regional Field Offices (RFOs) under the Field Regulatory Operations Office (FROO).

5. All e-pharmacy services shall be hosted only in the Philippine domain.

6. Drug establishments directly selling to non-retail businesses (drug manufacturers, traders, distributors) will not be required to secure an LTO with additional activity as an e-pharmacy.

7. FDA-registered drug outlets or RONPD with e-pharmacy as an additional activity must appoint a PRC-licensed pharmacist. Said pharmacist is responsible and accountable for compliance with FDA laws, rules, and regulations. In case of multiple shifts in a 24-hour operation, the pharmacist will act as the Chief Pharmacist.

8. The establishment may use the available online market platforms or create its own website. E-pharmacies must provide a consumer complaint feature on the navigation bar on their website.

9. Drug outlets without a physical establishment for face-to-face dispensing shall be issued by the FDA a License-to-Operate (LTO) as a pure E-Pharmacy, provided that said outlets must have a warehouse and an office for the proper storage of their stocks. Drug outlets must declare and allow for inspection of all additional warehouses operating under the same licensed office address. When applicable, all existing drug outlets with an additional activity as an e-pharmacy must declare all warehouses used to store their stocks and allow the same for FDA inspection.

10. The establishment may use existing online marketplaces to receive orders. The use of online marketplaces for promotions is subject to FDA approval under the e-promo permit guidelines.

The Specific Guidelines of the draft provide the following:

1. Filing of Application

A. Drug outlets with an additional activity as an E-Pharmacy must have a valid LTO of not less than ninety (90) days from the application of said additional activity. The agency requires the drug outlet to submit a SOP, and a screenshot of the website. The FDA will apply current licensing regulations for the said additional activity.

B. Drug establishments that will operate as a pure E-Pharmacy must provide a warehouse for the proper storage of their stocks. The establishment must use the warehouse solely for the storage, distribution, and dispensing point of registered medicines or medical devices. The warehouse may be owned or leased by a third party. The E-pharmacy must provide all documentary requirements according to the provisions under A.O. 2020-0017.

2. Inspection

The FDA will conduct a pre-approval inspection for all establishments applying for the additional activity for online ordering and delivery and Pure E-Pharmacy. The inspection will focus on the warehouse and the Standard Operating Procedure. The FDA may also conduct post-approval inspections to ensure that establishments continuously comply with the pertinent laws, regulations, and administrative orders. Any establishment found to be non-compliant may be subjected to appropriate regulatory actions.

3. House Bill No. 4 of the 19^th Congress of the Philippines

Last December 2022, the House of Representatives (HOR) passed House Bill No. 4, otherwise known as the Internet Transactions Act, on its third and final reading. The HOR then transmitted the bill to the Senate last December 14, 2022, for their concurrence.

Salient points of House Bill No. 4 include the following:

1. Creation of the Electronic Commerce Bureau (eCommerce Bureau) Under the Department of Trade and Industry (DTI), an eCommerce Bureau will be created. The said agency shall ensure strict compliance of stakeholders of the provisions of said Act. Said Bureau will also collaborate with national government departments, local government units, and government-owned or controlled corporations.

2. Supervision of Commerce – The Act provides the Secretary of Trade and Industry, upon due notice and hearing, to issue Take Down Orders and Cease and Desist Orders to a website, webpage, online application, social media account, or other similar platforms, for any violation of said Act, R.A. 7394, or any other related trade or consumer laws.

3. Registry of Online Business (ROB) – In coordination with the Department of Information and Communications Technology DICT), the eCommerce Bureau shall manage and maintain a registry of online businesses, providing consumers access to data and information about registered online businesses.

4. Business Registration – The Act provides that all individuals engaged in e-commerce must register as a business as a single-proprietor, corporation, partnership, one-person corporation, or as a cooperative.

5. Referral of Complaints – For any complaint regarding the violation of other laws committed during the course of eCommerce activity, the eCommerce Bureau must forward these complaints to the relevant regulatory authority for action.

6. Consumer Rights and Obligations Involving Internet Transactions – The Act also provides the code of conduct of all eCommerce businesses, eCommerce platform operators’ obligations, online merchants’ responsibilities, and the right to redress by online merchants. Any lack of conformity with the contract of the goods, the online merchant is liable for damages to the consumer.

7. Online Dispute Resolution (ODR) – The Act mandates the DTI to develop an ODR platform which is a single point of entry for consumers, eCommerce platform operators, and online merchants for the out-of-court resolution of disputes.

8. Electronic Commerce Philippine Trustmark – The DTI shall lead the creation and development of an eCommerce Philippine Trustmark to guarantee the security and safety of online transactions. The Trustmark may be formed and operated by an industry-led private sector governing body.

9. Penalties – The Act provides penalties for any violations of the said Act.

FDA removes 2,000 violative links of drug products

Last February 14, 2022, in “President Rodrigo Roa Duterte’s Talk to the People,” FDA-Deputy Director General Oscar G. Gutierrez Jr. stated that for the past 2 years, and as of February 2022, FDA has taken down 2,202 violative posts from Shopee, Lazada, and Facebook. According to the report, the FDA removed 189 violative links in 2020, while 1642 online links were removed on 2021. Deputy-Director General Guiterrez further stated that FDA has taken down 371 violative links as of February 2022. Guiterrez noted that in 2021, there was an increase of 779% of violative links removed compared with 2020.

The Food and Drug Administration has partnered with Facebook to address violative medicines retailers and distributors sell on Facebook. Under the Consumer Policy Channel of Facebook, FDA can report contents that may have laws, regulations, and national policies, which Facebook can delete or remove the said posts or content. This partnership is also in line with the terms and policies of Facebook regarding that posts and content must conform with the applicable laws and regulations. Those posts failing to comply with the policy of Facebook may result in the removal of listing, rejection of product tags, or even the suspension or termination of access to any Facebook commerce features.

Also, Shopee and Lazada have warned their sellers to refrain from selling medicines that FDA prohibits. Said sellers must have the proper authorization and register with the Food and Drug Administration. Any violation by the seller may result in the removal of the product listing, and the seller may incur penalties for non-compliance.

How the Public Can Help

Through the public’s help, the FDA can act upon unregistered, counterfeit, adulterated, or fraudulent medicines sold in a brick-and-mortar setting or through the Internet. For consumers to check whether or not the medicine is FDA-registered, they can check the registration of the medicine through this website: https://verification.fda.gov.ph/drug_productslist.php. 

Consumers can also check whether the drug establishment is registered with the FDA and has a valid license for online ordering and delivery. Consumers can check the registration of the drug establishment through this website: https://verification.fda.gov.ph/drug_productslist.php.

Interested or concerned parties may also check the latest advisories issued by the FDA through the link of the agency: https://www.fda.gov.ph/advisories/ or their Facebook page: https://www.facebook.com/FDAPhilippines. For additional information or inquiries, the consumer can email info@fda.gov.ph.

Consumers who want to report the sale and distribution of unregistered, counterfeit, adulterated, or fraudulent medicines can email them to report@fda.gov.ph or a report through FDA’s online reporting facility, eReport, by accessing this link: www.fda.gov.ph/ereport. Consumers can also call the Center for Drug Regulation and Research (CDRR) at (02) 8809-5596. Consumers who have experienced suspected side effects from medicines, vaccines, and traditional and herbal medicine products can send a report through this link: https://primaryreporting.who-umc.org/PH.

V. Conclusion

Undoubtedly, the advancement in digital tools has led to more consumers turning to the Internet to procure their medicines. This advancement has also increased the number of scrupulous e-commerce retailers selling medicines with uncertain authenticity and safety. While numbers have shown an increase in removing violative posts of medicines scrupulous retailers sell on popular online platforms, there is a need for more comprehensive laws or guidelines to provide additional regulation for medicines sold online. The government has introduced pending bills, amendments, and drafts to increase the protection of consumers and merchants engaged in online transactions.

While the Philippine Pharmacy Act recognizes online pharmacy services and provides its definition and penalty, there is still a need to provide a more comprehensive law that solely addresses pharmaceutical e-commerce. The passage of the proposed Internet Transactions Act and FDA regulations recognizing pure E-pharmacies can help provide more stringent measures to protect consumers from fraudulent medicines. At the same time, while the FDA has continuously and thoroughly monitored the online marketplaces and websites for these unscrupulous or unregistered sellers, their efforts may not be enough without more support from policymakers, the public, and major online marketplaces.

VI. Recommendation

The researcher acknowledges the efforts of the FDA, DOH, policymakers, and the other departments and agencies of the National Government. However, with the availability of different online market platforms and digital tools, unlawful online medicine retailers continue to exploit the current system. Due to the risks of using fraudulent, counterfeit, or unregistered medicines, the researcher respectfully submits that policymakers should grant additional resources to the FDA for the agency to conduct programs and research focusing on regulating the selling of medicines online. Aside from this, the government should invest in more advanced technology to allow FDA to have more effective means to monitor the Internet for violative links.

Moreover, the regulatory department of the FDA should look into the laws of foreign countries and integrate them into the current system. In addition, FDA should work with more closely with relevant stakeholders and convince them to increase their compliance. The agency can work with search platforms to de-index websites that the agency considers as violating pertinent laws and regulations. For example, in 2020, the U.S. Food and Drug Administration partnered with domain registries during a 120-day pilot program to suspend domain names of websites the agency found illegally selling opioids.

Finally, the FDA should strengthen its campaign and solicit more assistance from the public to report violative website links, fraudulent medicines, and scrupulous sellers. The researcher respectfully recommends that the FDA develop a more comprehensive reporting system for more streamlined reporting.

VII. Bibliography

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Cortez, G. M. (2019, June 14). Business World . Retrieved from Business World : https://www.bworldonline.com/the-nation/2019/06/14/236563/fda-orders-shopee-lazada-to-stop-selling-medicines/

Department of Trade and Industry. (2008, 10 20). Retrieved from DTI Web site: https://drive.google.com/file/d/1wFsDtE0H3iTik6mcmag9JGeKN2Xy6NFs/view

Food and Drug Administration. (n.d.). Retrieved from FDA Website: https://www.fda.gov.ph/draft-for-comments-guidelines-on-the-issuance-of-license-to-operate-for-drug-establishments-engaged-in-e-pharmacy/

Food and Drug Administration. (2019, June 11). Retrieved from Food and Drug Administration Website: https://www.fda.gov.ph/wp-content/uploads/2019/06/FDA-Advisory-No.-2019-154.pdf

Food and Drug Administration. (2020, May 08). Retrieved from FDA Website: https://www.fda.gov.ph/administrative-order-no-2020-0017-revised-guidelines-on-the-unified-licensing-requirements-and-procedures-of-the-food-and-drug-administration-repealing-administrative-order-no-2016-0003/

Lazada. (2023, January 25). Retrieved from Lazada Website: https://sellercenter.lazada.com.ph/seller/helpcenter/prohibited-and-controlled-products-8090.html

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VIII. Acknowledgments

First and foremost, the researcher would like to praise and thank God, the One above all of us, for granting us countless blessings, knowledge, and strength to the researcher, so that this researcher has finally accomplished this research.

The researcher would like to express his greatest appreciation and gratitude to Usec. Jocelle Batapa-Sigue’s encouragement, guidance, passion, and support from the beginning motivated this researcher to materialize this research.

Finally, the researcher would like to thank his parents for their daily support, encouragement, love, and guidance.   

IX. About the Author

Carl Louie D. Ravina is a first-year Juris Doctor at the University of St. La Salle-College of Law. He has a Bachelor of Science Pharmacy from the University of Santo Tomas and passed the board exams in 2017. This research aligns with his profession as a pharmacist with the hope that the public will be protected against unregistered retailers of pharmaceutical medicines and medical devices. The researcher hopes this research will help to raise awareness of the risks of buying medicines online from unregistered and unscrupulous sellers.