Drug Marketing in Guatemala Regulated

The new law punishes the distribution and marketing of counterfeit medicines with sentences of one to ten years.

Friday, December 9, 2011

A press release by the Government of the Republic of Guatemala reads.

This Friday (December 9, 2011) Legislative Decree 28-2011 was published in the Official Journal describing the law on combating the production and marketing of counterfeit drugs, adulterated drugs, counterfeit pharmaceuticals, and forged medical devices and surgical materials.

The law punishes the distribution and marketing of counterfeit or forged drugs, pharmaceuticals, surgical devices and medical supplies, with sentences of one to ten years, even murder charges if a patient should lose their life because of these products.

This arrangement uses articles from the Health and Criminal Codes to punish these illegal activities which in Guatemala are prevalent in street trade, where future victims look for cheaper health products.

It will be the responsibility of the Ministry of Health to determine whether licensed health establishments: manufacture, store, market or sell counterfeit goods, in which case they must revoke the license and file a complaint with the Public Ministry.

The penalties for these kind of crimes range from one to ten years in prison. Commercial establishments will lose their sanitary license, public officials will be sanctioned more heavily and professionals will also have their license withdrawn.

The development and marketing of foodstuffs that are hazardous to health will be punished with imprisonment of between one and five years.

More on this topic

US asks for Central American support for medicines

June 2008

The United States has asked for the support of Central American governments to ensure security in the production of medicines and processed foods.

The American request will be made formally during a visit to Panama City of U.S. Health Secretary Michael Leavitt next Thursday. He plans to meet with directors of the Health Ministry as well as customs agents and representatives of the pharmaceutical industry.

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