Counterfeit Cancer Medicines and Legal Liability
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Attorney Gizem Gonce: “Turning a person’s hope of treatment into a source of profit cannot be assessed solely as an economic offence.”
An investigation in Türkiye into allegations that expired cancer medicines were repackaged with replacement leaflets and returned to the market has renewed attention to medicine safety and public health. An Istanbul-led operation covered 11 provinces, and investigators later identified additional suspects.
Attorney Gizem Gonce said that putting counterfeit or expired medicines on the market cannot be treated as a mere commercial irregularity. “The most important value to protect here is human life. The reliability of medicines used in treating serious illnesses such as cancer is directly linked to the right to life.”
How does the law assess the resale of expired cancer medicines in replacement packaging?
Attorney Gizem Gonce: Changing a medicine’s expiry date, replacing its packaging or reselling it with misleading information goes beyond a labelling error.
Different offences may be relevant under the Turkish Criminal Code depending on the product, the conduct, the risk and the evidence. Article 187 addresses producing or selling medicines in a way that endangers people’s life or health. Fraud, forgery of documents or other offences may also be considered depending on the facts.
Each case must be assessed individually. Being a suspect does not establish guilt. The court determines the final legal characterisation.
Why does the right to life matter alongside financial loss?
Attorney Gizem Gonce: A medicine is no ordinary commodity. Cancer medicines in particular are an important part of patients’ treatment.
Articles 17, 56 and 60 of the Constitution protect life, health and social security. Public responsibilities include overseeing medicine safety, detecting counterfeit or unsafe products and protecting people from them, as well as ensuring access to health services.
Financial loss is only one possible consequence. Treatment may be interrupted, and patients may use ineffective or potentially unsafe medicine that endangers their health.
How can this happen despite Türkiye’s Pharmaceutical Track and Trace System?
Attorney Gizem Gonce: The system helps trace medicines through the supply chain from manufacture or import. A data matrix code on each pack supports tracking.
The system depends on accurate data, regular inspections, supply-chain controls and prompt responses to suspicious activity. If packaging, labels or product information are suspected of having been altered, the product’s origin, serial number, storage conditions and distribution history should also be examined.
What should patients do if they suspect they have used counterfeit or expired medicine?
Attorney Gizem Gonce: Keep the packaging and contact the pharmacy or healthcare provider that supplied it promptly. Do not alter the medicine yourself.
Report suspected products to the Turkish Medicines and Medical Devices Agency (TİTCK) so the agency can examine the matter. Patients should consult their treating physician about how to continue treatment and should not stop or change cancer treatment on their own.
Keep invoices, prescriptions, the package and data matrix information, payment records and correspondence for any legal proceedings.
What liability can sellers or distributors face?
Attorney Gizem Gonce: Criminal liability and liability for damages are assessed separately. Article 187 criminalises the production or sale of medicines in a way that endangers people’s life or health. Other criminal provisions may also apply depending on the facts.
Patients harmed by counterfeit or unsafe medicines may have claims for pecuniary and non-pecuniary damages. In cases involving bodily injury, interrupted treatment, additional healthcare costs or other harm, identifying the responsible parties and establishing causation are important.
The roles and responsibility of manufacturers, suppliers, sellers and others involved are assessed individually.
What is the main lesson from the case?
Attorney Gizem Gonce: A patient undergoing cancer treatment relies on medicines being genuine, properly produced and safely delivered. Exploiting that trust undermines confidence in the healthcare system.
Effective oversight, investigation of breaches and access to remedies for affected people are essential to medicine safety and the rule of law.
No commercial gain outweighs a human life. A patient’s hope of recovery cannot be a means of illicit profit.
Attorney Gizem Gonce
Sources and legislation
Article 186 also covers the sale, supply or possession of medicines that have been spoiled or altered in a way that endangers life or health. The applicable provision depends on the conduct and the evidence.