Pubdate: Thu, 02 Nov 2006 Source: Wall Street Journal (US) Column: Cranky Consumer Copyright: 2006 Dow Jones & Company, Inc. Contact: http://www.wsj.com/ Details: http://www.mapinc.org/media/487 Author: Suzanne Barlyn Note: Sheree R. Curry and Jennifer Corbett-Dooren contributed to this article. Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) SCORING SOME SUDAFED FOR YOUR COLD -- LEGALLY As New Law Limits Sales, We Test Drugstore Policies; Using a Calculator to Order Allergy and cold season hit our family with a vengeance this fall. We usually rely on Sudafed, or pseudoephedrine, to relieve our runny noses and sinus pressure. But because of new federal restrictions, we've found it isn't as easy to purchase this year. Under a federal law that took full effect on Sept. 30, retailers must now sell products containing pseudoephedrine, such as Pfizer Inc.'s Sudafed and Schering-Plough Corp.'s Claritin-D, from behind the pharmacy or retail counter or from a locked display case. That is because pseudoephedrine and certain other decongestants can in large quantities be used to make the illegal drug methamphetamine. The law, called the Combat Methamphetamine Epidemic Act, also requires retailers to maintain a paper or electronic logbook for documenting purchases. All customers -- including law-abiding sinus sufferers -- must present photo identification, sign the book, and enter their name, the address and the time of sale. Retailers record the product and quantity. Since April, federal law limits pseudoephedrine purchases to 3.6 grams a day, nine grams a month, or 7.5 grams a month via mail. For runny-nosed consumers, that means three Sudafed boxes containing 48 tablets each per day -- but no more than six boxes per month. That's at best. State laws that are more stringent will still apply, so limits may be even lower. A Pfizer spokeswoman described the new law as a "minor inconvenience" to honest customers. She also points out that people can purchase reformulated versions of Sudafed and other products directly from store shelves. These versions contain other decongestants such as phenylephrine. The new system isn't foolproof, since no national database links retailers and law-enforcement authorities. Brazen criminals can exploit the gap by store-hopping or by purchasing pseudoephedrine under multiple identities -- though such crimes may be punishable by up to $500,000 in fines and up to five years in prison. Consumers can also conceivably run afoul of the law. Investigators could, in rare cases, add up your purchases and find you in violation. While exceeding purchase limits is a crime, the new law doesn't specify penalties for the offense, according to Rogene Waite, a spokeswoman for the Drug Enforcement Administration. Retailers can also face penalties for selling beyond the limits. Another DEA spokesman says it is too early to determine whether arrests have been made under the new law or if the act is reducing domestic methamphetamine production. To see how much of a hassle it is to buy pseudoephedrine, three Cranky Consumer testers shopped for boxes of 30-milligram tablets of Sudafed or store brands of the drug. We randomly selected five stores that were part of national chains and one online pharmacy. Our conclusion: Shopping for pseudoephedrine can be an outright nuisance -- especially if you're sick -- but it is a small inconvenience compared with the larger goal of stopping the spread of an illegal drug. In our test, one drugstore was out of pseudoephedrine, one clerk couldn't find any, and it wasn't always clear that we needed to go to a counter. While new products containing the alternative phenylephrine, a drug commonly used in nasal sprays, are available in the cold-remedy aisle, it's easy to confuse the packages for the old standbys, even though labels specify "New formula" or "pseudoephedrine-free." Grabbing a box while trying to console whining children clouded our ability to read carefully. Our sinus pain is so debilitating that we favor pseudoephedrine, the drug that has always alleviated our problem. Although the Food and Drug Administration says phenylephrine is safe and effective, two University of Florida pharmacists questioned its effectiveness at the FDA-approved dose in a peer-reviewed letter published in a scientific journal this year. We also prefer to take our medicine every six hours instead of every four -- the shorter-term dosing required for phenylephrine. An Eckerd store was out of Sudafed and store-brand pseudoephedrine, after we made two maddening trips and waited at the pharmacy while ill. We ordered two 96-pill packages of Sudafed from Drugstore.com instead. Since expedited shipping cost $13 to $30 for a $14 item, we chose free standard shipping (our medicine arrived on time the following week). After ordering, we worried about purchasing too much Sudafed and breaking the law. The Web site informed us that we could purchase 7.5 grams per month via mail, but the Sudafed box specified only the number of 30-milligram tablets -- not the total weight (A Pfizer spokeswoman said that is because pseudoephedrine is measured in milligrams, not grams). We needed a calculator to determine that we bought only 5.76 grams. Afterward, we learned the online system tallies our monthly pseudoephedrine purchases to prevent us from exceeding the limits, according to Jonathan Tinter, a Drugstore.com executive. We developed sinusitis before our order arrived, so we headed to Wal-Mart for pseudoephedrine. We found shelves lined with phenylephrine remedies but of course no pseudoephedrine. We knew to go to the pharmacy counter, but we didn't notice signs directing us there. A pleasant clerk entered information from our driver's license on a computer. We worried about storing our personal information on a Wal-Mart database. A Wal-Mart spokesman assured us the data is a confidential medical record. A federal official said merchants must retain the log on their premises for two years and present it to law-enforcement officials for inspection on request. We had to sign an electronic legal statement before paying, and we felt a little like suspected criminals. The clerk gave us a box of 48 tablets but wouldn't let us buy another. At a Target store, we found phenylephrine products such as Sudafed PE in the cold-remedy aisle. Cards depicting actual pseudoephedrine products, such as including Aleve Cold & Sinus and Advil Multi-Symptom Cold, hung along the shelves, directing us to present them at the pharmacy. We asked for a 48-tablet box of Target-brand pseudoephedrine and a 24-tablet box of Sudafed. The clerk wasn't sure whether we could buy both, but his computer permitted the sale, so we figured the purchase was legal. We couldn't buy pseudoephedrine at another Target on a Sunday morning because the pharmacy counter was closed. A large sign above the cold remedies at a Walgreens stated that pseudoephedrine products were available at the pharmacy counter. We bought the Wal-Phed pseudoephedrine suggested by the clerk. After requesting our driver's license, he asked the pharmacist a question. We were concerned because we bought pseudoephedrine at another store earlier that day. But when he returned, he simply entered our license information into a computer. A trip to CVS was fruitless. The clerk at the front counter couldn't find Sudafed or the store brand -- only products mixing pseudoephedrine with pain relievers and antihistamines. The shelf spaces where pseudoephedrine products were once located in the cold remedy aisle were empty of medicine and cards. A sign directing us to the "front" counter to buy pseudoephedrine also stated the 3.6 gram-a-day limit. We found cards at a second CVS, where we bought a 24-count box of the CVS brand and signed a paper logbook. We'll now be more conscious about purchasing pseudoephedrine. We'll check pharmacy-counter hours, which can be more limited than store hours, set aside more time for waiting and paperwork, and we'll remember to buy it when we're not shopping with children -- and when we're healthy. [sidebar] STORE AVAILABILITY Clerk couldn't find any; available in second store One store posted signs directing customers to front counter; in another store, cards depicting pseudoephedrine products, hung above cold aisle for customers to present at counter Paper log kept in store A spokesman said both stores are fully stocked. We may have arrived at the first one prior to its weekly shipment. Drugstore.com 1 In stock A notice beneath pseudoephedrine products alerted us to the 7.5-gram monthly mail-order limit. Web site monitors daily and monthly grams purchased; company won't ship if customer exceeds limit We received drugs without sending copy of license (ID verification procedure wasn't posted in early Oct.); company said it had safeguards, and didn't realize new DEA regs were effective immediately; store posted procedure after realizing the problem Eckerd Not available in two visits Pseudoephedrine products had been replaced with tear pads featuring pictures of boxes, directing customers to tear a sheet and present to pharmacist Paper log kept in store No tear pads were on the shelf for 30-milligram Sudafed or other pseudoephedrine tablets. A spokesperson said the store had stock but ran out of pads. Target in Stock Plastic tags picturing pseudoephedrine medications hung in the cold-remedy aisle and directed customers to the pharmacy counter. We couldn't find tags in another store. A national database stores info on daily and monthly purchases, and point of sale. A clerk wasn't sure if we were buying too much until his computer permitted the sale. The pharmacy counter at another store wasn't open yet. Wal-Mart In stock No signs, pads or hanging cards directed us to the pharmacy. Electronic log stores ID info; system tracks grams purchased on same day (not monthly) at that store only The pharmacy clerk refused a request for a second box. Walgreens In stock A large sign said the company wants to control meth abuse and suggested visiting the pharmacy counter for pseudoephedrine products. Nationwide electronic log tracks grams purchased daily, monthly in multiple stores; sale is blocked if customer exceeds limits A statement on the receipt reminded us of the daily and monthly limits. But we smudged the ink and forgot. - --- MAP posted-by: Richard Lake