MILAN — In January, Honor International Pharmtech was accused of shipping counterfeit drugs
into the United States. Even so, the Chinese chemical company — whose motto is “Thinking
Much of Honor” — was openly marketing its products in October to thousands of buyers here at the world’s
biggest trade show for pharmaceutical ingredients.
Other Chinese chemical companies
made the journey to the annual show as well, including one manufacturer recently accused by American authorities of supplying
steroids to illegal underground labs and another whose representative was arrested at the 2006 trade show for patent violations.
Also attending were two exporters owned by China’s government that had sold poison mislabeled as a drug ingredient, which
killed nearly 200 people and injured countless others in Haiti and in Panama.
Yet another chemical company,
Orient Pacific International, reserved an exhibition booth in Milan, but
its owner, Kevin Xu, could not attend. He was in a Houston jail on charges of selling
counterfeit medicine for schizophrenia, prostate cancer, blood clots and Alzheimer’s disease, among other maladies.
While these companies hardly represent
all of the nearly 500 Chinese exhibitors, more than from any other country, they do point to a deeper problem: Pharmaceutical ingredients exported from China are often made by chemical companies that are neither certified nor
inspected by Chinese drug regulators, The New York Times has found.
Because the chemical companies are not required to meet even minimal drug-manufacturing standards, there is little to
stop them from exporting unapproved, adulterated or counterfeit ingredients. The substandard formulations made from those ingredients often end up in pharmacies in developing countries
and for sale on the Internet, where more Americans are turning for cheap medicine.
In Milan, The Times identified at least 82 Chinese chemical companies that said they made and exported
pharmaceutical ingredients — yet not one was certified by the State Food and Drug Administration in China, records show. Nonetheless, the companies were negotiating deals
at the pharmaceutical show, where suppliers wooed customers with live music, wine and vibrating chairs.
One of them was the Wuxi Hexia
Chemical Company. When The Times showed Yan Jiangying, a top Chinese drug regulator, a list of 186 products being advertised
by the company, including active pharmaceutical ingredients and finished drugs, Ms. Yan said, “This is definitely against
the law.”
Yet in China, chemical manufacturers that sell drug ingredients fall into a regulatory hole. Pharmaceutical
companies are regulated by the food and drug agency. Chemical companies that make products as varied as fertilizer and industrial
solvents are overseen by other agencies. The problem arises when chemical companies cross over into drug ingredients. “We have never investigated a chemical company,” said Ms. Yan, deputy director of
policy and regulation at the State Food and Drug Administration. “We don’t have jurisdiction.”
China’s health officials have known of this regulatory gap since
at least the mid-1990s, when a chemical company sold a tainted ingredient that killed nearly 100 children in Haiti. But Chinese regulatory agencies have failed to cooperate to stop chemical companies
from exporting drug products.
In 2006, at least 138 Panamanians
died or were disabled after another Chinese chemical company sold the same poisonous ingredient, diethylene glycol, which
was mixed into cold medicine.
China has an estimated 80,000 chemical companies, and the United States Food and Drug Administration
does not know how many sell ingredients used in drugs consumed by Americans.
The Times examined thousands of
companies selling products on major business-to-business Internet trading sites and found more than 1,300 chemical companies offering pharmaceutical ingredients. How many others sell drug ingredients but don’t
advertise this way on the Web is not known.
If the Milan show is any guide, most, if not all, are not certified by China’s drug authorities.
China exports drug ingredients to customers in 150 countries, said Sun
Dongliang, a Chinese trade official who helped organize his country’s Milan exhibitors. Many suppliers have passed inspections by drug authorities and sell active pharmaceutical ingredients,
or A.P.I.’s, of high quality, buyers say.
Sometimes you
can just have your lunch on the floor of the factory because it’s so clean and so perfect, sometimes much better than
in Europe,” said Jean-François Quarre, a French drug company official who had a booth
in Milan. But Mr. Quarre cautioned that he has seen the other side as well.
“It’s frightening.”
At their worst, uncertified chemical
companies contribute to China’s notoriety as the world’s biggest supplier of counterfeit
drugs, which include unauthorized copies as well
as substandard, even harmful, formulations. “Underregulated manufacturers are increasingly becoming the source of A.P.I.’s
used in the production of counterfeit medicine,” R. John Theriault, until recently Pfizer’s head of global security, said in a statement to Congress.
Because United States drug regulators require pharmaceutical suppliers to meet high standards, the American
supply chain is among the world’s safest. But as China’s chemical suppliers multiply, Congressional investigators are questioning the F.D.A.’s ability
to protect consumers.
Even some Chinese chemical companies
recognize their limitations in making pharmaceuticals.
“We don’t have the
resources and means to produce medicine,” said Gu Jinfeng, a salesman for Changzhou Watson Fine Chemical. “The
bar for producing chemicals is pretty low.”
Even so, Watson Chemical advertises
that it makes active pharmaceutical ingredients. But Mr. Gu said he would export them only to countries with lower standards
than China, or if “we can earn really good profits.”
A Trail
of Steroids
Just days before the Milan trade show, United States officials made an announcement that brought home the global reach and attendant dangers of China’s expanding chemical industry. The officials disclosed that they had dismantled
a 27-state underground network for steroids and human growth hormone, arresting 124 people in “Operation Raw Deal.”
The supply trail almost always
led to China. Thirty-seven companies there supplied virtually all of the bulk
chemicals, federal officials said.
Of the 37 suspect companies, all
but one unnamed by the American authorities, The Times identified eight. Records show that six are uncertified chemical companies,
including Hunan Steroid, which marketed its products at the Milan convention.
“Just want to see the old
customers and develop the new market,” said Sun Xueqin, a deputy export manager for Hunan Steroid. Ms. Sun said the
company sold raw pharmaceutical ingredients in Europe and America and more advanced pharmaceutical ingredients in India, among other places.
Later, another Hunan official, Huang Zili, said the company did not sell to the United States, and declined to comment on the government’s contention that Hunan was a supplier of bodybuilding drugs. Hunan has not been charged with any crime.
As serious as the accusations
are in Operation Raw Deal, health experts say they believe that counterfeit drugs, particularly those sold on the Internet,
pose a greater threat to a broader segment of the American public.
“The facts are irrefutable,”
Mr. Theriault, the former Pfizer official, told Congress. “The importation of counterfeit, infringing, misbranded and
unapproved pharmaceutical products in the United States is increasing exponentially.” Pfizer makes Viagra, one of the drugs most often counterfeited.
Finding uncertified companies
feeding the market is not difficult. Orient Pacific International, the Milan registrant whose owner did not show up, advertised that it makes and exports pharmaceutical ingredients to “worldwide
famous medical companies.” The owner, Mr. Xu, is accused of selling counterfeit medicine to treat ailments like cancer,
mental illness and heart disease, according to United States Immigration and Customs Enforcement, or I.C.E.
Mr. Xu shipped drugs to an Internet
pharmacy, investigators say. But he also penetrated the highly regulated supply chain of legitimate distributors in Europe, said David A. Faulconer, a customs official. Acting on tips from large drug companies, federal officials
devised a plan to stop him from doing the same in the United States.
Posing as a buyer, an investigator
for the immigration and customs agency met Mr. Xu in Bangkok on March 6. Mr. Xu gave him “detailed suggestions for transshipment
and smuggling techniques to evade United States Customs detection,” federal records show.
After investigators bought multiple
shipments of counterfeit drugs, Mr. Xu traveled to Houston “to
consummate an agreement for widespread distribution of his counterfeit products in the United States,” according to an affidavit filed in federal court. Federal agents arrested
Mr. Xu, who has pleaded not guilty.
Another company exhibiting in
Milan, Honor International Pharmtech, was also the subject of a customs
investigation. In January, agents seized 3,041 fake Viagra pills sent by the company to a DHL shipping hub in Wilmington, Ohio, according to customs.
The shipment, disguised as grape
seed extract, was destined for an Internet pharmacy in Central America, said agents
who requested anonymity because the investigation continues.
“We do make grape seed extract,”
the company’s managing director, Nie An, said in a telephone interview. He denied shipping counterfeit Viagra, but he
acknowledged other indiscretions: making false advertising claims, using another company’s import-export license and
creating a fake corporate name.
“We don’t really have
a factory,” Mr. Nie said, even though he advertised that he did. Honor International is just a trading company, he said,
adding, “As a trading company, saying you can manufacture attracts business. It was fake advertising.”
The Times found several other
companies posing as manufacturers, thereby obscuring a drug’s provenance. In a recent joint statement, chemical associations
in the United States and Europe cautioned that
globalization has led to a rise in complexity in supply chains, “increasing the potential for contamination, mislabeling
or substitution.”
Pharmaceutical ingredients can
pass through three or four trading companies, none of which check their quality. The ultimate manufacturer may not realize
the ingredients came from an uncertified chemical company.
Mr. Nie, for example, said he
markets Viagra’s main ingredient, sildenafil, through a partnership with a chemical company in a distant region that
he has never visited. “We met them at a trade fair,” he said. “This company didn’t even have a booth
at the fair. They were standing outside the entrance to the exhibition center, and they handed us a flier with a menu of their
products.”
He said he was trying to the reach
the factory, which has no Web site, to fill a Croatian company’s order.
“Our main markets are in
Latin America — Brazil, Argentina, Uruguay,” he said. “A little in Canada, a little in the United States. In Europe, we export to Germany, Russia, Italy.”
But Mr. Nie faces an uncertain
future. He said that Chinese investigators had recently visited his office, and that they knew about the seizure in Ohio.
Viagra is hardly the only drug
that companies try to copy. The French drug maker Sanofi-Aventis grew weary of watching other companies sell knockoffs of its new diet drug, Acomplia, and alerted French authorities that
three Chinese companies were marketing their own version of the product at the 2006 pharmaceutical ingredient trade show,
held in Paris. Six Chinese company officials were arrested.
One of those arrested in Paris was Jin Lijie, managing director of the Wuxi Hexia Chemical Company. Still, Wuxi Hexia showed
up in Milan in 2007 selling a line of pharmaceutical ingredients.
Its representatives declined to
be interviewed in Milan, or at its offices in the boomtown of Wuxi. “We are all young college graduates and we are still learning about the market,” said an
employee named Du Yanqun.
Factories
on the Yangtze
A good place to find companies
selling uncertified drug ingredients is Changzhou in the Yangtze
delta, where the raw materials for chemical production are readily available and easily transported by canals and roads.
Several factories there sent representatives
to Milan, including the Changzhou Kangrui Chemical Company. It makes pharmaceutical
ingredients in an old converted steel plant. “I’m afraid it will leave you with a bad impression,” said
Zhou Ladi, a sales representative, as she gave a tour. She said Kangrui Chemical hopes to move into a new plant by early 2009.
“As long as we don’t
export products that are under patent in other countries, the government encourages us to export,” she said.
To help find customers overseas,
smaller factories enlist the services of people like Bian Jingya, export manager for a trading company called the Changzhou
Wejia Chemical Company.
Ms. Bian said chemical companies
are involved in all phases of drug manufacturing, including making finished products. Some, she said, “are under patent
in other countries.”
Ms. Bian, who was also in Milan, said the government should spell out more clearly what companies may and may not do. “If
you want to be regulated, they will regulate you,” she said. “If you don’t want to be regulated, they don’t.”
The Chinese drug agency does not
oversee the making of pharmaceutical raw materials, called intermediates, which are the building blocks for active pharmaceutical
ingredients. “It is unrealistic for us to certify all factories that make intermediates and regulate them like medicine
products,” said Ms. Yan, the agency official. But if companies make active ingredients, a more refined product, then
they must be regulated by drug authorities, she said.
When The Times
pointed out that many uncertified chemical companies openly advertise active ingredients, Ms. Yan said that was illegal. “If
there are in fact chemical companies that are making drugs without certification then this is very serious,” she said.
“These companies are not qualified to make medicine. They make chemicals.”
Wang Siqing, managing director
of the Changzhou Yabang Pharmaceutical Company, estimated that uncertified chemical companies make half the active pharmaceutical
ingredients sold in China. “The stuff produced by chemical plants is clearly counterfeit
medicine, but they aren’t investigating,” Mr. Wang said in an interview at his office. “This has been happening
in a regulatory void.” He added that most chemical company exports go to unregulated markets in Africa or South America. “That’s not to say these products don’t enter
the United States through these other countries,” he said.
To find out how well American
consumers are being protected from unsafe imported drugs, investigators from the House Energy and Commerce Committee recently
accompanied F.D.A. officials on inspections of drug plants in China and India.
In a letter to the F.D.A. commissioner,
the committee said that the agency was unable to provide such basic information as the number of firms exporting to the United States, and that overseas F.D.A. inspectors lacked necessary logistical support. A House
hearing on F.D.A. oversight of foreign drug manufacturers is scheduled for Thursday.
“China alone has more than
700 firms making drug products for the U.S., yet the F.D.A. has resources to conduct only about 20 inspections a year in China,”
said Representative John D. Dingell, the Michigan Democrat who is the chairman of the House Energy and Commerce Committee. The F.D.A. said it would answer the
committee’s questions at the hearing.
Poisonings
in Haiti
United
States officials learned
of problems with China’s chemical companies in the mid-1990s while investigating
the fatal poisonings in Haiti. Chinese authorities took no action against the uncertified chemical
company that made the poison, diethylene glycol, or the giant state-owned trader, Sinochem International Chemicals, that exported
it.
A decade later another state-owned
trading company, CNSC Fortune
Way, exported the diethylene
glycol — also from an uncertified chemical company — that ended up in the deadly Panamanian cold medicine in 2006.
Chinese officials have known for
years that uncertified chemical companies are producing active pharmaceutical ingredients. In 2004 the Chinese drug authority’s
newspaper cited complaints that some licensed companies “affiliate” with unlicensed ones to hide their illegal
purchases, while others buy only a token amount from certified suppliers to pass inspection. “The impact of chemical
products on the bulk pharmaceutical market hints at a much larger problem: a huge hole in drug safety,” the drug agency
publication stated.
Since the Panama poisonings, China is considering ways to corral the chemical industry. At Panama’s request, Michael O. Leavitt, the secretary of health and human services, has pressed the Chinese government to step up regulation of chemical companies
selling pharmaceutical ingredients.
American and Chinese health officials
held their first high-level meeting in May, and hope to sign a memorandum of agreement in December. “The Chinese have
finally come to the realization that their regulatory system needs repair,” said William Steiger, director of international
affairs for Mr. Leavitt’s agency. But meaningful change will be difficult. Chinese authorities may not have enough investigators
to weed out the many small chemical companies that are making drug ingredients.
And efforts to close the regulatory
gap must overcome one particularly thorny issue: some uncertified companies accused of selling counterfeit drugs are owned
by the government itself.
Overseas drugmaking goes unsupervised
FiercePharma October 31, 2007
Look no further for a couple of gaping holes in our drug-safety fabric. Chinese
regulators may be cracking down on some drug-safety violations, but plenty of chemicals companies aren't even being watched. Stateside, the FDA is struggling
to track foreign drug makers--and that not very successfully.
First, the Chinese chemicals firms. According to a New York Times investigation,they're
making pharmaceuticals ingredients, but many aren't certified or inspected by the government. They aren't required to meet
any drug-manufacturing standards. Some even make finished drugs without any supervision whatsoever. And dozens of them--including
known counterfeiters and poison-passers--came to a pharma trade show to sell drug makers on their products.
Next, the poor, underfunded FDA. According to a Congressional memo obtained by
the Wall Street Journal, the agency can't even keep track of how many foreign drug makers it should oversee. And those
it does know about are inspected only once every 8 to twelve years. Problems with foreign oversight were identified a decade
ago--but they're still uncorrected. This at a time when drug and ingredient imports are skyrocketing. Agency officials say
they do know who's importing drugs to the U.S. and that they focus inspections on products that pose the greatest risk. But
they admit funding is down, and so is staffing.