Pfizer and Microsoft Target Sellers of Illegal Viagra and International Spam Rings
Pfizer and Microsoft Target Sellers of Illegal Viagra and International Spam Rings
NEW YORK, Feb. 10 /PRNewswire-FirstCall/ -- Pfizer, the maker of Viagra(R) (sildenafil citrate) and Microsoft Corp. announced today the companies are filing parallel lawsuits against two international pharmacy spam rings operating websites that sell illegal "generic" versions of Pfizer's erectile dysfunction (ED) medication. The legal actions are the result of a seven-month investigation during which the two industry leaders collaborated to track down the illegal drug distributors operating these websites as well as the spammers advertising them.
The two companies have filed a total of 17 new actions against defendants involved in the sale and advertising of potentially dangerous medications. Pfizer has filed civil actions against two websites that allegedly promote and sell products that are unapproved by the U.S. Food and Drug Administration (FDA). Pfizer also filed ten other domain name actions.
In conjunction with Pfizer's suits against CanadianPharmacy and E-Pharmacy Direct, Microsoft filed civil actions against the spammers advertising for those websites. In addition, Microsoft filed three suits against spammers who advertise other online pharmacies known under a variety of names, such as "Discount RX," "Virtual RX," and "EzyDrugStore.com." Together, these pharmacy spam rings have allegedly sent hundreds of millions of e-mail messages to Microsoft's MSN Hotmail customers within the past year alone. The defendants allegedly use illegal and deceptive e-mail techniques that violate the federal CAN-SPAM Act of 2003 and other state and federal laws.
"As the maker of Viagra, the market leader in erectile dysfunction, Pfizer is committed to protecting the public from health and other risks associated with the illegal sale of fake and unapproved generic products claiming to be Viagra," said Jeff Kindler, Executive Vice President and General Counsel at Pfizer. "Pfizer is joining with Microsoft on these actions as part of our shared pledge to reduce the sale of these products and to fight the senders of unsolicited email that overwhelm people's inboxes."
"The collaboration between Pfizer and Microsoft is another wake-up call to those who abuse the Internet for illegal purposes. Leading businesses are teaming up, pooling resources and sharing investigative information to stop this illegal activity at the source," said Brad Smith, Senior Vice President and General Counsel, Microsoft. "At Microsoft we are combating this problem every way we can, including legal action, to ensure our consumers are protected from fraud."
Pfizer and Microsoft first investigated CanadianPharmacy, a website advertised by high volume spamming. Working together, the companies' investigators uncovered a highly sophisticated spam ring with several groups of affiliates all advertising websites associated with CanadianPharmacy. The spam directs recipients to one of dozens of identical websites. Many of these websites are registered with the true names and addresses of persons unassociated with the websites or spam rings, and who were unaware that their identities are being used in conjunction with these activities. Tracing the order process, investigators determined that the website encompasses an allegedly illegal pharmaceutical supply chain that spans the globe. Consumers place orders for drugs advertised as Viagra(R) (sildenafil citrate) or illegal "generic" Viagra on one of several websites advertised by spam. Once the consumers' online orders are received on computers in New York, they are sent to a call center headquartered in Canada, and then on to India for processing. The orders are filled with illegal, unregulated and unapproved products. The illegal generic drugs are then shipped from India to the United States and delivered by an airfreight forwarding company based in the United States.
Viagra(R) (sildenafil citrate) is estimated to account for up to one out of four spam messages. Many of these spam messages link to illegal websites that promote "Viagra" and then send the consumer an illegal version of the drug. Purchasing illegal generic "Viagra" can pose safety and financial risks to consumers. These products may be manufactured in unregulated factories or back rooms that do not adhere to the same rigorous standards for pharmaceutical manufacturing required by the FDA. These illegal drugs may be contaminated, stored improperly, outdated, may not work as claimed, contain potentially dangerous ingredients or may have no effect at all.
Consumers can visit http://www.viagra.com/ to learn more about how to safely purchase ED products from legitimate online pharmacies.
Overview of Pfizer's Legal Action
The two lawsuits allege unlawful conduct involving trademark infringement and dilution and unfair competition under both federal and state law as well as deceptive trade practices in violation of New York state law. The complaints also allege that the defendants are selling and importing non-FDA approved sildenafil citrate in violation of U.S. law, including the Federal Food, Drug and Cosmetic Act.
Pfizer Inc is filing lawsuits against the following two entities:
1. CanadianPharmacy doing business at http://www.cndpharmacy.com/
2. E-Pharmacy Direct doing business at http://www.myepharmacydirect.com/
The identities of the individuals controlling the sites are unknown and are therefore referred to in the complaints as "John Does." Subpoenas directed to various ISPs and other companies will help ascertain their true identities.
Additionally, ten Uniform Domain Name Dispute Resolution Policy (UDRP) actions were filed against heavily trafficked sites to seize domain names allegedly using Pfizer's Viagra trademark in an unauthorized manner. All allege that the respondents are using the Viagra mark in bad faith to promote the sale of products that have not been approved by the U.S. FDA.
1. http://www.half-price-viagra.com/
2. http://www.cheapviagrastore.com/
3. http://www.freegenericviagra.com/
4. http://www.about-viagra-kamagra.com/
5. http://www.shopviagra.com/
6. http://www.bioviagra.com/
7. http://www.sameasviagra.com/
8. http://www.freeviagraclub.com/
9. http://www.viagra-123.net/
10. http://www.viagra-price-guide.org/
Overview of Microsoft's Legal Action
Microsoft filed two suits against the spammers promoting CanadianPharmacy and E-Pharmacy Direct, in conjunction with Pfizer's suits against the operators of these online pharmacies. Microsoft's lawsuits allege that the pharmacy spammers sent email with deceptive and misleading information in violation of the federal CAN-SPAM Act and other federal and state laws. Because of the deceptive techniques employed by the defendants to mask their true identities, Microsoft's suits name "John Doe" defendants. Microsoft will issue subpoenas to ISPs and other companies to identify and locate the spammers.
Microsoft filed three additional suits against spammers promoting the following online pharmacies:
1. DiscountRX
2. Virtual RX
3. EzyDrugStore.com
About Microsoft
Founded in 1975, Microsoft (Nasdaq "MSFT") is the worldwide leader in software, services and Internet technologies for personal and business computing. The company offers a wide range of products and services designed to empower people through great software -- any time, any place and on any device.
About Viagra
Viagra(R) (sildenafil citrate) is a prescription medication indicated for the treatment of ED. Viagra is available only from health care providers and should always be used in accordance with its approved labeling. Viagra is contraindicated in patients who use nitrates in any form at any time.
Patients should discuss their general health status with their doctors to ensure that they are healthy enough to engage in sexual activity. If patients experience pain, nausea, or any other discomfort during sex, or an erection that lasts longer than four hours, they should seek medical help.
The most common side effects of Viagra(R) (sildenafil citrate) are headache, facial flushing and upset stomach. Less commonly, bluish vision, blurred vision or sensitivity to light may briefly occur.
Patients with recent serious cardiovascular events, hypotension or uncontrolled hypertension or retinitis pigmentosa did not participate in pre- approval clinical trials. In these patients, physicians should prescribe Viagra with caution. The use of Viagra offers no protection against sexually transmitted diseases, including human immunodeficiency virus (HIV).
Discovered and developed by Pfizer, Viagra is the breakthrough oral treatment for erectile dysfunction that is found to be effective and well tolerated in more than 130 completed and ongoing clinical studies. Viagra has been approved by regulatory authorities in more than 123 countries around the world and is among the most widely prescribed medications, with more than 130 million prescriptions written for 23 million men worldwide.
Pfizer Inc discovers, develops, manufactures and markets leading prescription medications for humans and animals and many of the world's best- known consumer products.
Please see full prescribing information for Viagra (25 mg, 50 mg, 100 mg) tablets at http://www.viagra.com/
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Source: Pfizer Inc; Microsoft Corp.
CONTACT: Bryant Haskins of Pfizer Inc, +1-212-733-8719; or Marc Lallaman
of Waggener Edstrom, +1-503-443-7000, marcl@wagged.com for Microsoft
Web site: http://www.pfizer.com/
http://www.viagra.com/
http://www.cndpharmacy.com/
http://www.myepharmacydirect.com/
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Newswire's Company News On-Call service on PRN's Web Site. Visit
http://www.prnewswire.com/comp/688250.html
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