Woman avoids jail for selling banned diet pills

A mother-of-two, who began importing and supplying banned slimming tablets which carry serious health risks, has been spared a jail sentence.

Lydia McCarthy, with an address at Alexandra Place, East Road, East Wall, Dublin was fined €3,000 by Judge John O’Neill at Dublin District Court.

Judge O’Neill heard she had ordered thousands of ‘Reduce’ slimming pills, which contained an active ingredient that has been withdrawn from markets due to links to strokes and heart problems.

The court heard McCarthy, who pleaded guilty to 16 counts of breaking medicinal products regulations, also had to have her appendix removed as a direct result of her addiction to the slimming pills which she was selling.

She was caught following an investigation by the Health Products Regulatory Authority, formerly known as the Irish Medicines Board, after a package addressed to her was intercepted.

Prosecuting solicitor Ronan O’Neill told the court the offences can result in maximum €2,000 fines on each charge as well as a 12-month prison sentence.

He said the offences related to the unlawful importation, advertising, supply and distribution of a once prescription-only slimming medicine which is no longer allowed to be sold in Ireland.

In evidence Brenda Kirby, an enforcement officer with the authority, told the court that on September 7, 2012, a package containing 1,200 Reduce tablets was detained at An Post’s depot in Portlaoise, Co Laois. The pills were analysed and found to contain sibutramine, a substance which was withdrawn from EU and US markets because of safety concerns.

Ms Kirby said the woman’s home was later searched and another package containing 360 of the capsules was found. It was addressed to another person, the court heard.

When questioned, McCarthy admitted placing adverts on four websites: Donedeal, On-and-gone, Gumtree and Dublin online, offering boxes of the tablets at €70 each. Three witnesses admitted buying from her and that the money was paid into a bank account.

In April 2013, another package was stopped and it was found to contain 100 Reduce tablets. The mother-of-two was interviewed again and claimed they were for her own use. Her laptop with her email records was examined and showed that 2,900 capsules had been ordered.

McCarthy was advertising them for sale in boxes of 30, at €70 each. It was estimated her profit was €5,300.

Judge O’Neill was also furnished with a report from the authority’s in-house expert John Michael Morris setting out the health risks of the ingredient found in the tablets.

The products, bought from a manufacturer in India, were not authorised for sale in Ireland. Possible side effects of sibutramine ranged from insomnia and headaches to more serious problems including strokes and cardiovascular events.

Before it was withdrawn from market its use was only through prescription and under supervision of a doctor.

The court has also heard McCarthy is remorseful and has begun contributing towards prosecution costs which came to €3,250. However, she is on social welfare and of limited means and has paid €1,100 so far.

Judge O’Neill convicted her, imposed fines totalling €3,000 and also said she must continue to pay the balance of the prosecution’s outstanding costs within six months.