Hello Mr. ********,
Demand Media/eNom requested that we contact you to explain the basis for our designation of ********.com as a rogue Internet pharmacy. Thank you for the opportunity to provide the information below.
********.com is (or, being offline, "was") an affiliate of a prescription drug network that typically goes by the name RxPayouts (or, sometimes "CartAdmin" or "RxLimited"). The basis for our designation of this network as an illegal prescription drug network are outlined below.
First, note that ********.com and other RxPayouts affiliates sell drugs solely on the basis of an online consultation (no doctor's visit required). This is typically a violation of federal and state law, and certainly is where the website's entire business model is to offer online consultations without requiring a physical exam. Second, RxPayouts operates without required pharmacy licenses. Specifically, in 47 states, if shipping to that state, a pharmacy license there is required; the other three states grant reciprocity. Third, although the website claims to employ physicians that are appropriately licensed, we have confirmed through prior test purchases that the physicians are not appropriately licensed in the states where they are practicing medicine.
These facts constitute violations of a number of criminal and regulatory statutes; the most pertinent is 21 USC 353 (b), which requires a written prescription by a physician licensed by law to administer the drug. A physician practicing medicine in a state where they do not have a license triggers these criminal provisions of the FDCA. It also violates pharmacy and physician licensure requirements in virtually every state that the websites offer to ship drugs to. If you disagree with this assessment, we request that you provide us with physicians' licenses in all 50 states, and pharmacy licenses in 47 states, as required by law.
There are several other reasons that RxPayouts is not legally compliant, including multiple violations of drug misbranding statutes (also in 21 USC) and but the reasons (any one of them standing alone) are more than sufficient. Please do note that the network sometimes incorrectly reassures its "affiliates" that it is based in the US. In fact, our research indicates that it primarily operates from the Philippines, as well as other locations (e.g., the Middle East).
We also note that the title text (or perhaps meta tags?) of the website contained the text "Buy Tramadol No Prescription Necessary."
For all of these reasons, LegitScript stands by our designation of RxPayouts and websites such as ********.com as rogue Internet pharmacies. We encourage both resellers and registrants to discontinue any promotion of such rogue Internet pharmacies, as that puts such businesses and/or individuals in the position of facilitating and profiting from criminal activity.
Please note that we do not, under any circumstances, modify a rogue designation once we have notified the Registrar, and accordingly there are no avenues available for Mr. ******** to obtain a modification to the rogue designation of ********.com, until and unless the domain name expires and is wholly under the control of someone else.
LegitScript appreciates the opportunity to provide this information.
LegitScript Abuse Team
