Mixed message?

Springfield, Ill.-At the same time PetMed Express embarks on a nationwide public relations campaign to garner the profession's support, the company threatens legal action against practitioners accused of badmouthing the online/mail-order pet pharmacy.

Dr. Evan Kirk received two letters from PetMed Express. The first, written by company employee Dr. William Fraser, calls attention to PetMed Express commercials advocating the need for annual exams - a move the author considers a "fresh approach."

The other accuses Kirk of telling clients PetMed Express products are poor quality, demands a written retraction and orders the practitioner to cease and desist making "defamatory statements."

"If we do not receive such written assurance from you within 14 days of your receipt of this letter, PetMed will pursue this matter legally, and seek any and all remedies available under the law, including punitive and exemplary damages," writes PetMed Express attorney Alison Berges.

What's ironic, Kirk says, is that he usually works amicably with the online pharmacy despite many colleagues' resistance to answering PetMed Express fax or phone drug authorization requests.

"Up until about a week ago we were going ahead and faxing prescriptions to them," Kirk says. "I know I'm not the only veterinarian out there who's received this letter, but I can't say I'm not worried."

PetMed Express lashes out

Veterinary leaders confirm Kirk isn't alone. Practitioners across the country receive threatening correspondence from PetMed Express, says Eve Larocca, former executive director of the Illinois Veterinary Medical Association.

"They're form letters," Larocca says. "We've received a lot of calls about them, and our licensing agency is aware of them."

Still, PetMed Express officials refuse to reveal how many cease and desist letters they've issued.

"PetMed does not want to be aggressive and take legal action against anyone," writes Berges in a statement to DVM Newsmagazine. "However, we cannot allow the false statements about our pharmacy practices to go unanswered or undefended. As a duly-licensed pharmacy, we take allegations concerning our pharmacy practice very seriously. The current management team is committed to total compliance with all state and federal pharmacy rules and regulations."

History of bad blood

These company assurances and pledges to work with the profession receive cynical reviews from many veterinarians who compete directly with PetMed Express for pharmaceutical sales.

Since 1996, the embattled pet pharmacy has been plagued by a history of complaints, state lawsuits and federal fines related to the illegal distribution of prescription drugs. Proclaiming reformation, company representatives now accuse veterinarians of employing fraud, deception and defamatory statements to unlawfully hinder its right to do business.

The company's complaints have even compelled the Missouri Attorney General's office to investigate whether veterinarians in the state have violated laws by not scripting to PetMed Express, reports Greg Dennis, an attorney representing veterinarians.

"We don't think PetMed Express has a case," he says.

Take threats seriously

But it's important not to underestimate the company, says attorney Dr. Christopher Allen, who advises veterinarians receiving threatening letters from PetMed Express to contact legal counsel immediately.

Dr. Christopher Allen

"There are factual implications in these letters, and you don't know what this company will do," Allen says. "Do not send back an immediate reply, but I wouldn't throw it in the trashcan. Instead, make a cup of coffee, cool down and bring it to your attorney."