The owner of a struggling sex shop has been spared a jail sentence for illegally selling potentially dangerous Viagra like drugs.
John Nolan, 62, owner of the Miss Euro 2 adult store at 324 North Circular Road, Dublin, was fined €3,000 after he pleaded guilty to three charges contrary to the Medicines Board Act. He also agreed to pay €2,750 in expenses.
His prosecution came following an investigation by the Health Products Regulatory Authority (HPRA), formerly known as the Irish Medicines Board, which had court summons issued for him to appear at Dublin District Court.
He admitted unlawful supply of medicines and placing products on the market without authorisation.
HPRA enforcement officer Alan Smullen told Judge John O’Neill that 55 Sildenafil citrate tablets, 30 Kamagra tablets and four “Oral jelly” sachets were discovered in an inspection at Miss Euro 2 in October 2013.
They were seized and samples were sent to the State forensic laboratory for analysis, which proved they all contained the active ingredient Sildenafil, which is used to treat erectile dysfunction.
The drug can only be sold in pharmacies to people who have been given medical advice and have a doctor’s prescription.
Sildenafil can have a wide range of harmful side effects and can cause “serious cardiovascular events” for people with heart problems.
Mr Smullen told prosecuting counsel Brian Gageby BL that during the inspection, the accused initially refused to let him behind the counter.
The inspector also agreed with defence barrister Philip Fennell that the products were not on open display in the shop and a customer would had have to ask for them.
Pleading for leniency, Mr Fennell said Nolan, who had no previous convictions, had taken over the business from his son in 2012. The shop was “struggling to break even” and Nolan has also had to take on another job as a driver.
Mr Fennell also said Nolan, who did not address the court, would pay the HPRA’s expenses of €2,750 to cover the cost for analysis and destruction of the products.
Judge O’Neill spared Nolan a jail sentence but imposed €1,000 fines for each offence and ordered him to pay the HPRA’s expenses.