Be Cautious when Buying Medicines on Internet
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Popularity of online purchase
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With the advancement of information and mobile technologies, and rise of digital literacy, online purchases have been increasing popular in Hong Kong. The purchases would be made in various ways, including transactions made via local or non-local online sales platforms, or with sellers at social media sites.
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A survey1 conducted by the Census and Statistics Department from 2019 to 2020 indicated that 60% of the total 2.4 million households in Hong Kong had made online purchases. The Survey also showed that 7% of these who had made online purchases involving health and personal care products.
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Online purchase offers advantages2 such as convenience and anonymity over traditional means, while purchasers should also be mindful of risks in products purchasing without physical examination associated with unknown suppliers or unreliable, unsafe and fraudulent sites.
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Regulatory control
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According to the Pharmacy and Poisons Ordinance (Cap. 138), retailers authorised as Authorized Sellers of Poisons (ASPs, commonly known as “pharmacies”) by the Pharmacy and Poisons Board of Hong Kong (the Board) are allowed to conduct retail business involving poisons listed in Part 1 and Part 2 of the Poisons List at Schedule 10 to the Pharmacy and Poisons Regulations (Cap. 138A). For retailers that are not ASPs and wish to conduct retail business involving poisons listed in Part 2 of the Poisons List, they must obtain a licence of Listed Seller of Poisons (LSP, commonly known as “medicine companies”) issued by the Board. Importantly, the sales of poisons are required to be conducted at the licensed premises of ASPs and LSPs.
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In addition, under Reg.36(1) of the Pharmacy and Poisons Regulations (Cap. 138A), "pharmaceutical products" must be registered by the Board before they can be sold, offered for sale, distributed or possessed for the purposes of sales in Hong Kong.
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All pharmaceutical products or medicines must meet the criteria of safety, quality and efficacy for approval of registration. Registered pharmaceutical products are subject to various kinds of control over their sale to protect the health of the public.
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It should be stressed that these requirements are equally applicable to physical shops we visit on streets and shopping malls, as well as those we visit on the internet.
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For an overview on drug regulatory system, please see Introduction to Drug Regulatory System in Hong Kong
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Is the pharmacy or medicine company licensed?
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To check whether a shop is a licensed pharmacy (ASP) or medicine company (LSP), you can verify the information from the “Search Drug Dealers” function of Drug Office’s website at:www.drugoffice.gov.hk/eps/do/en/consumer/search_drug_dealers2.html.
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Please note that the Board currently has not authorized any licencee to engage in online retail sale of controlled medicines (such as Part 1 and Part 2 poisons, pharmacy-only medicines, prescription-only medicines, antibiotic preparations, and dangerous drugs).
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| Is the product offered for sale a registered pharmaceutical product? |
Under Reg.36(1) of the Pharmacy and Poisons Regulations (Cap. 138A), "pharmaceutical products" must be registered before they can be sold, offered for sale, distributed or possessed for the purposes of sales in Hong Kong.
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All registered pharmaceutical products carry a Hong Kong registration number on the package in the format of HK-XXXXX. You may check the information of a registered pharmaceutical product in Hong Kong from the "Search Drug Database" function at (www.drugoffice.gov.hk/eps/do/en/consumer/search_drug_database2.html) by entering the product’s particulars, such as its English product name, active ingredient or Hong Kong registration number.
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| Enforcement actions and Penalty |
The DH has an established mechanism in place to conduct surprise inspections at ASPs and LSPs to ensure their compliance with relevant legislation, licence conditions and respective code of practice. In addition, the DH also conducts test purchases at drug retailers, including ASPs, LSPs and online shops/platforms, to monitor their compliance with relevant legislations and requirements. If any contravention of the law is suspected, the DH will follow up and carry out enforcement action immediately. Joint operation with the Hong Kong Police Force or the Hong Kong Customs and Excise Department will be conducted when necessary.
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Illegal possession or sale of unregistered pharmaceutical products; and illegal sale and possession of Part 1 poisons carry the maximum penalty of a fine of $100,000 and two years’ imprisonment. As they are criminal offences, offenders would be registered with a criminal record.
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| Cases Announcement |
The public may visit the Drug Office’s website for press releases on the cases that involved illegal possession or sale of unregistered pharmaceutical products and/or Part 1 poisons.
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| Other considerations |
A lot of online sales platforms or sellers are operating outside Hong Kong. Their medicines offered are highly likely to be of non-registered version (i.e. parallel-imported product, colloquial called “水货”). People in possession of unregistered pharmaceutical product may be prosecuted under the Pharmacy and Poisons Ordinance (Cap. 138).
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In addition, people purchasing medicines online and have them imported from overseas without proper import licence would contravene the Import and Export Ordinance (Cap. 60), and liable to a maximum penalty of a fine of $500,000 and two years’ imprisonment upon conviction. Hong Kong Custom & Excise Department is responsible for enforcement of the Import and Export Ordinance.
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| Our advice |
Remember, possession of Part 1 poisons or unregistered pharmaceutical products without proper authority or licence is a criminal offence. There are grave consequences if caught.
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Remember, members of the public are strongly urged not to buy or consume products of doubtful composition or from dubious source.
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Remember, if you have doubt on the purchased products, you should stop taking it immediately and consult healthcare professionals for advice if in doubt or feeling unwell after consumption.
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Remember, if you need medicines for medical treatment in Hong Kong, you should consult healthcare professionals beforehand.
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The public may visit the Drug Office’s website for the health message on sexual dysfunction and virility products, information on products found to contain undeclared Western medicines, and recent press releases.
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| Complaint |
For any complaint on registered or non-registered medicines, you may wish to call 2572 2068 or email to pharmgeneral@dh.gov.hk
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Drug Office
Department of Health
July 2023 |
| 1 Hong Kong Monthly Digest of Statistics Feature Article – Online purchases of household in Hong Kong (https://www.censtatd.gov.hk/en/data/stat_report/product/FA100284/att/B72109FA2021XXXXB0100.pdf) |
| 2 Online Shopping: A Shining future (https://www.researchgate.net/publication/318224640_Online_Shopping_A_Shining_Future). |
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