Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

In June 2009, the Japanese Ministry of Health, Labor and Welfare’s Revised Japanese Pharmaceutical Law will come into effect, banning the online purchase of many over-the-counter drugs in Japan. The measure hopes to cut down on the more than 300 cases of negative side effects caused by over-the-counter drugs each year in Japan, according to The Mainichi Daily News.

Kazuyuki Ogura of Kawasaki was a victim of a serious side effect from common over-the-counter medicines. Weeks after the 37-year-old man took cold medicine for a day, he came down with a high fever, rash and bloodshot eyes. He was diagnosed with Stevens Johnson Syndrome (SJS). Ogura survived this potentially deadly but rare reaction to medication, but it was a year and a half before he was able to return to work. His vision is still not up to par. “No one had ever told me that over-the-counter drugs carried such risks, “ he told the newspaper.

Those who oppose the restrictions – the Japan Online Drugstore Association (JODA), Rakuten and Yahoo – have petitioned the Minister of Health, Labor and Welfare to stop the proceedings. JODA and the Internet giants argue that stricter online regulations will crush the 26-billion-yen online and mail-order drugstore market. The revised law will ban “class 3” drugs that include some cold medications and painkillers. Opponents say that this ban will prevent people from also purchasing products they would be embarrassed to buy at stores, such as baldness remedies and pregnancy tests.

The Japanese Pharmaceutical Association, the Japan Association of Chain Drug Stores (JACDS), and the Cabinet’s Council for the Promotion of Regulatory Reform support the stricter regulations, citing the inability of online drug stores to guarantee the safety of their drugs.

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