Topeka — An out-of-state physician who sold Viagra to Kansans via the Internet didn't violate a state law but cannot make such sales in the state, the Supreme Court ruled Friday.
In a unanimous ruling, the court held that Dr. Howard Levine of Seattle didn't violate the Kansas Consumer Protection Act by dispensing the impotence drug to Kansas residents without a physical examination or direct contact.
But the justices did uphold a Shawnee County District Court injunction barring Levine from prescribing or dispensing prescription medicine within the state of Kansas.
"The public is adequately protected by the injunction that was issued, and the trial court's refusal to expand the scope of the KCPA under the facts of this case is affirmed," Justice Edward Larson wrote for the court.
Levine formed a company to sell prescriptions over the Internet, including Viagra. In 1999, the 16-year-old son of a Kansas Bureau of Investigation agent and another KBI agent purchased Viagra as part of a sting operation by Atty. Gen. Carla Stovall's office.
Stovall's office then filed a consumer protection lawsuit against Levine and his defunct company, Confimed.com. When the trial court concluded Levine didn't commit any fraud, the state appealed to the high court.
No comments
Commenting is turned off for this story.