€22,000 fine for stocking imitation Viagra and other prescription medicines

A Dublin man has been fined €22,000 after he pleaded guilty to stocking Viagra and other medicines at his bargains shop. Anthony Walsh (55), Woodstown Park, Knocklyon, pleaded guilty to 11 offences contrary to the Irish Medicines Board Act, in relation to products found at his business, Breathnach's Bargains, at St Dominic's Shopping Centre, Tallaght.

He was prosecuted following two inspections by an officer from the Irish Medicines Board, on September 28th, 2011, and April 11th, 2012.

Brenda Kirby, an enforcement officer with the board, told Judge John O'Neill at Dublin District Court that after she received information from Customs officers, she visited the premises and spoke to Walsh's son Dean Walsh (26).

She noticed a "large number of unauthorised medicinal products". Dean Walsh phoned his father who agreed with Ms Kirby that he would cease selling the products. She said the Viagra brand was produced by the company Pfizer; a sample seized at the shop was sent to the medicines board, which established that the product and its labelling was unauthentic.

On the next date, she returned to the discount store and again found more medicinal products on sale.

Walsh pleaded guilty to having Kamagra tablets, which are not authorised for sale in this jurisdiction, and Viagra. Both are used in treatment of erectile dysfunction and contain the active ingredient Sildenafil, a prescription-controlled product. Walsh also admitted having two other prescription-controlled medicines: Max Strength Decongestant Tablets and Vicks Sinex Decongestant Capsules. He had other medicines in stock that can only be sold in a pharmacy including: Calpol in 100ml and 140ml bottles, Diarrhoea Relief Capsules, Beechams All in One Tablets.

Ms Kirby agreed with Barry Ward, defending, that Walsh had claimed that the products were stock from another shop he had taken over. She said they were kept in offices adjacent to the customer counter and were not on shop floor shelves. Mr Ward said Walsh employed 16 people but he had liabilities of about €3.5 million.

The judge convicted Walsh and imposed fines totalling €22,000 which must be paid within four months otherwise he will be jailed for 21 days.

Dean Walsh pleaded guilty to three charges relating to keeping Max Strength Decongestant Tablets and Vicks Sinex Decongestant Capsules in stock for supply. He was ordered to give €1,000 to charity by May 27th to get the benefit of the Probation Act.