Entrepreneur sold fake Viagra over the internet

A young entrepreneur who began selling counterfeit Viagra by e-mail was given a suspended jail term and fined €23,000 after pleading guilty.

Brady Abela, 24, from Tarxien sold the fake pills, an exact pharmacological replica of the original manufactured by American pharmaceutical giant Pfizer Inc, over the internet.

It was only after a Pfizer employee was alerted to an e-mail advertising the website offering the supposed Viagra pills for sale that the company contacted the Maltese authorities to trace the culprit.

Police Inspector Yvonne Farrugia had testified that the pills were identical even in appearance, down to the trademark blue colour, the shape and the Viagra distinctive markings and box. It even included the instruction pamphlet.

Mr Abela admitted to selling the pills, breaching trademark laws and manufacturing counterfeit items.

Magistrate Jacqueline Padovani, said that it resulted that since the Medicines Authority had not taken part in the proceedings against Mr Abela, the court could not find him guilty of placing a medicinal item on the market without a licence.

She quoted article 100 of the Medicines Act stipulating that if the "Licensing authority believes that a person has committed an offence against this Act or any regulations or rules made there-under, the authority shall give notice in writing to such person, describing the offence of which the person is accused, indicating the steps to be taken to remedy the offence and the penalty which he is required to pay in respect of that offence".

The magistrate noted that once such a procedure was not followed she could neither find Mr Abela guilty of illegally selling the item wholesale and acting as a pharmacist without a licence, as demanded by the Medicine Act.

The court ruled that the €23,000 fine could be paid over a three-year period.

The magistrate ordered that Mr Abela's two hard drives be destroyed after a court expert saved his family photos.

Lawyer Toni Abela appeared for Mr Abela.

Lawyers Joseph Giglio and Luigi Sansone appeared for Pfizer Inc.