Attorney General's News Release

July 8, 1999

Nixon obtains TRO to stop illegal Internet sales of drugs

Jefferson City, Mo. — Attorney General Jay Nixon announced today that his office has obtained a temporary restraining order to stop an online pharmacy based in Texas from using the Internet to illegally sell prescription drugs to Missourians. In addition, a Texas physician who relies on online consultations to write out the prescriptions will stop that practice under an agreement with Nixon.

Nixon said the San Antonio pharmacy, S&H Drug Mart, and its owner, William A. Stallknecht, are violating state law by providing prescription drugs to Missouri consumers without a license and on the basis of information provided in online consultations. The Attorney General said consumers' health could be endangered because the pharmacy and its consulting physicians cannot confirm medical information with those ordering the drugs.

Stallknecht and his online pharmacy were featured in a June 27 front-page article in The New York Times.

"Selling prescription drugs or providing medical services to Missouri residents without a Missouri license is illegal, whether it's done over the Internet or by any other means," Nixon said. "Stallknecht is misleading consumers to believe that he can legally provide them prescription drugs."

The temporary restraining order, issued Wednesday by the Jackson County Circuit Court, prevents Stallknecht and S&H Drug Mart from selling and shipping prescriptions to Missourians until a hearing can be held July 19 on Nixon's request for a preliminary injunction. The order also requires Stallknecht's websites, which include www.thepillbox.com, to feature notices that those services will not be available in Missouri.

Dr. James Reed Williams, the prescribing Texas physician, will no longer be a defendant to the lawsuit after agreeing to stop treating Missouri residents or writing prescriptions for Missourians using online consultations. Williams also must notify the Texas Board of Healing Arts of the court-approved agreement.

The Attorney General's Office twice obtained prescription drugs Stallknecht's websites. Buyers can use these sites to choose a drug, agree to a waiver of liability, fill out an online consultation and then pay $85 if they are approved for the drugs. Prescriptions are valid for the original order and two refills.

During the investigation, an assistant attorney general, who was pregnant at the time, was able to obtain the drug Propecia simply by providing a man's name on her consultation form. Propecia, a drug used to treat male pattern baldness, is not for use by women and broken tablets should not be handled by pregnant women because of the risk of birth defects. Williams, who wrote the prescription, made no attempt to verify the information provided on the online consultation form.

"By failing to confirm medical information before providing drugs with very serious possible side effects, Stallknecht and the doctors that work for him put consumers at serious risk," Nixon said. "This blatant disregard for the health and safety of Missourians will not be tolerated."

Nixon is asking the court to issue a permanent injunction to prohibit S&H Drug Mart from selling and shipping prescriptions to Missouri residents and to require Stallknecht to permanently post a notice on his websites that the service is no longer available in Missouri. Nixon also is asking the court to order appropriate restitution, penalties and court costs.

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