Stop already! Berlin drugstore files lawsuit to stop junk faxes
Berlin Pharmacy has had it up to here with junk faxes. Jonico Inc., which does business as Somerset County’s Berlin Pharmacy, filed a one-count civil lawsuit July 9 in the U.S. District Court for the Western District of Pennsylvania against a California company over unsolicited facsimile advertisements for nasally administered epinephrine. The drug used to…
Berlin Pharmacy has had it up to here with junk faxes.
Jonico Inc., which does business as Somerset County’s Berlin Pharmacy, filed a one-count civil lawsuit July 9 in the U.S. District Court for the Western District of Pennsylvania against a California company over unsolicited facsimile advertisements for nasally administered epinephrine.
The drug used to treat severe allergic reactions.
Jonico asserts that San Diego-based ARS Pharmaceuticals doesn’t provide an opt-out option for the advertisements, which were faxed to the drugstore “without prior express invitation or permission” and in violation of the Telephone Consumer Protection Act.
The federal law was enacted in 1991 and assesses fines up to $1,500 per violation if the court determines the violations were willful.
The law prohibits using a telephone facsimile machine, computer or other device to transmit unsolicited advertisements, according to the lawsuit, which seeks class action status to represent many other pharmacies that are believed to have received the advertisements.
Jonico states it is not seeking actual monetary damages, according to the lawsuit. Instead, the pharmacy is seeking reimbursement of legal costs and to stop ARS from sending any more marketing materials for a product called “neffy.”
ARS did not respond to a request for comment July 20.
The faxes promote neffy, nasally administered epinephrine, and invites pharmacies to register for an ARS Pharma live virtual event entitled “Discover neffy: Innovative Care for your Pharmacy.” Other messages included an introduction to neffy, clinical insights, insurance coverage for the drug and new developments in patient care.
“Among other things, the fax was intended to cause pharmacies and pharmacists to purchase, stock, order, dispense and make neffy available for purchase by patients where warranted and appropriate,” according to the lawsuit.
Pharmacist Jonathan D. Jacobs is the owner of Berlin Pharmacy and president of Jonico Inc. For many years, he owned the Yough Valley Pharmacy, which was inside the Confluence Food Mart on Williams Street.
The store, which was a food market back to the 1960s, was sold to Jay Narayan 1 LLC for $400,000 in 2024, but closed in February for what was then described as a period of six months for major repairs. But by late April, the store’s website indicated that it was permanently closed.
In recent weeks, a large dumpster has been placed outside the store. Efforts to reach the store owner were unsuccessful.