Government orders supermarkets, retailers to cease selling unregistered and counterfeit medicines
The Pharmacy and Poisons Board (PPB) warned that possession, distribution or use of such products is illegal and will attract criminal liability for responsible individuals and entities.
All supermarkets, manufacturers, importers, distributors, wholesalers and retailers have been directed to immediately cease the importation, stocking and sale of unregistered and counterfeit health products or risk prosecution and loss of operating licences.
In a notice on Tuesday, the Pharmacy and Poisons Board (PPB) warned that possession, distribution or use of such products is illegal and will attract criminal liability for responsible individuals and entities.
The regulator said no unregistered, falsified, counterfeit or recalled Health Products and Technologies (HPTs) should be imported, stocked, distributed, sold or used within the Republic of Kenya, stressing that violations contravene the Pharmacy and Poisons Act, Cap 244 of the Laws of Kenya.
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PPB, said individuals and entities found handling such products risk prosecution and criminal liability. This includes superintendent pharmacists or pharmaceutical technologists, persons acting under their direction, managers or persons in charge of premises, as well as directors and owners of the establishments involved. The Board added that enforcement measures could also include suspension or revocation of operating licences and closure of premises.
The PPB also reiterated that supermarkets, cosmetic shops, household goods stores, online sellers and other general retail outlets are not authorised to stock, sell or supply prescription-only medicines.
“Supermarkets, cosmetic shops, household goods stores, online sellers and general retailers are not authorised to stock, sell or supply prescription-only medicines,” reads the notice, warning that any outlet found in contravention will face regulatory sanctions, including prosecution of owners, managers and directors.
Businesses unsure of which HPTs they may lawfully sell are have been urged to contact the Board directly at [email protected] and [email protected] for guidance.
The regulator encouraged members of the public to report any suspected illegal medicines or adverse drug reactions, even if they are not certain.
“You need not be certain, just be suspicious. Report any suspected unregistered, falsified, counterfeit medicine, or adverse drug reaction to the Board,” reads the notice.
Reports can be submitted through the Board’s online portal, via the *271# USSD code, through the mPvERS mobile app on Android and iOS, or by contacting the Board through its official email addresses and telephone line at 0795743049.
The warning follows a government crackdown on pharmaceutical distributors aimed at eliminating substandard and illegal medicines from the market. On November 26, Health Cabinet Secretary Aden Duale directed the PPB to intensify regulatory enforcement and immediately remove unsafe and illegal pharmaceuticals from the market.
“The Cabinet Secretary for Health, Aden Duale, has issued firm directives to the Pharmacy and Poisons Board (PPB) to intensify regulatory enforcement and protect the health of all Kenyans. Duale called on the PPB to immediately remove substandard, falsified, poor-quality, counterfeit, and unregistered medicines from the market and to prosecute individuals, directors, or entities involved in their distribution or sale,” the Ministry said.
The CS also called on strict adherence to regulatory requirements governing pharmaceutical products and professional practice.
“He emphasised strict compliance with the Pharmacy and Poisons (Parallel Imported Medicinal Substances) Rules of 2019, ordered an end to the illegal leasing of professional licences, and directed full implementation of bioequivalence requirements to ensure generics perform like innovator products,” the Ministry added.
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