Have you ever seen this? Is it legal?

Published

Specializes in LTC.

I am from NC and I absolutely LOVE to go to flea markets/ trade lots. For those who dont know what these are...its like a gigantic yard sale with hundreds of people who bring stuff to sell for cheap. I have been going to these things since I was little.....but once I became a nurse something stuck out at a flea market that I had never really paid attention to before. I walked by a table that was slam full..literally over run with OTC meds....it ranged from nicotine patches, tylenol products, motrins, cough cold and sinus meds, allergy meds, herbal meds, childrens meds, mylanta, milk of mag, pepto, eye drops.....everything. I just stopped at the table to browse through them and the man selling them said "those are 3 for 1.00"....which I had no intention of buying....what I was doing was looking at the expiration dates...which the majority of them were several years expired. My question is this.....if these things are sold in drug stores, walmart, gas stations etc.....these are all licensed establishments who are eligible to sell such products. As a nurse, in LTC for example, if we accidentally pop out a pill by mistake ..we have to trash it ..we cant put it back in its container because its dispensing without a license and therefore way out of our scope both for RN and LPN. ,......sooooo...how is it that general people out in the public can collect these OTC's and sell them without a license to the public? I would never buy a med from anywhere other than a licensed business ..but there are alot of people who do because its more affordable for them to pay 2 bucks for cold medicine, name brands, than paying 8 bucks for it at the drug store. I think this is dangerous....people who take bp meds cant just mix OTC's with bp meds most of the time. Alot of people dont even know that. What would happen if they bought a med from a place like this and didnt take it properly? I guess it would ultimately fall on the individual who took it because that was the risk they took when they bought it....but still....any ideas on this ?????

Up Vote Up Vote ×

Now that's something odd! Wow, I'm reading weird things by the minute. Anyway, I would contact the local authorities regarding this because here in California, there are some OTC meds that can't be sold to minors due to the alcohol contents. I've also heard of some local chain stores who have a limit on how much OTC meds they will sell to one person per day. So I don't know, that's an interesting situation that you came across and I'm glad you shared that.

Up Vote Up Vote ×
Specializes in LTC.

Glad to share it with you all! Ive actually seen this go on for as long as I can remember...I have never bought any meds though....and wouldnt. For it to have been going on as long as it has...I figured that either no one else had thought of it...or that no one cared to look into it. Here in my area of Nc...certain OTC's have to be bought from behind the counter and you are limited as to how many you can buy and have to have ID and be 18.....this includes sudafed, some allergy meds, and some other cough/cold/sinus meds. Thats why I thought this was so odd.....all kinds of people go to the local flea markets and I know that out of the hundreds and hundreds that go every weekend...there has to be a cop or a pharmacy person or somebody else out there to notice this besides me. When that one seller told me the price that one time it was on the TIP of my tongue to ask them how they were able to sell that stuff out in public like that and then I was going to ask them if they realized they were selling expired meds....but my hubby told me not to embarrass him by saying that. I thought it was valid :)

Up Vote Up Vote ×
Specializes in NICU, Post-partum.

It depends if selling expired meds is illegal in that state.

That is very, very different than a hospital refusing to dispense meds or use products that have expired.

Food banks frequently get truckloads of recently expired food products. They get rid of it all day, every day.

Up Vote Up Vote ×

I agree it is sooooo wrong that they are selling EXPIRED meds! Youd have to look at your states laws to see if you need a license or permit. There are alot of regulations now and days due to abuse BUT they are over the counter. They are almost as dangerous as them being sold in CVS- except for in CVS there is pharmacist that can answer any questions and check for interactions. But the person has the same risk that is buying meds at cvs without consulting the pharmacist as they do with buying those meds(if they arent expired) at the flea market. My suggestion is educate your patients and their family members and hope that word gets around adn also give a call to the local law enforcement or the FDA?!?! It seems that that would be illegal and if it isnt then it should be!!! MAybe they can be enlightened by this and put one into effect because it is very scary!Kudos to you for noticing!

Up Vote Up Vote ×
Specializes in LTC.

As far as the FDA goes, how would I go about finding a phone number for them in case I cant email them? Alot of the meds Ive seen at the flea market are the ones that are also sold behind the pharmacy counter. In my area these meds were put behind the counter because when the jobs here started going away people turned to making methamphetamine with OTC's....my county was hit hard with meth labs everywhere ....they went from people's backyards, homes to inside car trunks and open fields and pastures. I will check out the FDA website and see what info it has on there also. I cant help but wonder where these sellers actually got all the OTC's they sell? I cant see someone buying them from a store and selling them for half the price ......if I had to guess...Id say they probably bought what they sell from other flea markets or something.

Up Vote Up Vote ×
Specializes in Education, FP, LNC, Forensics, ED, OB.

In many states, it is a Class III - IV Felony to sell drugs in this manner (not to mention the issue of dispensing w/o a prescription).

You could simply make the seller aware of this offense. If nothing is done, then could contact your local law/state authorities.

States have in place, laws that address these offenses (as pointed out above) and on the Federal level (DEA), the laws can be less stringent. State laws normally are more stringent and will override the Feds.

Up Vote Up Vote ×

Im not sure howd you contact the DEA but as the previous person had stated maybe you could contact local government-if you cant fnd it out. In new hamsphire the flea market sells fake designer purses and the feds just raided them a couple months ago BUT the people (a few vendors even though literally teh place is a purse flea market, theres very other items- and no oen else got raided)didnt get in trouble because there was no law against it in new hampshire. Well now as of JAN 2010 there will be no selling of imposter purses since they passed a law. SO the feds do get involved in this stuff- and i would think that meds would be included, even though its only 1 booth. And I would let the person running the booth knwo that his items are expired( since that is the most obvious and he cant deny it adn fight with you- esp since you dont knwo the laws!) And who knows where they had gotten them. Maybe soemone was getting rid of them dirt cheap or were boughten stolen from someone- Either way it is a shame and awful. Good luck to figuring this out!

Up Vote Up Vote ×

many people get medications from other foreign countries like Mexico and start selling them here in USA! SCARY HUH!?!

Up Vote Up Vote ×
+ Join the Discussion