Crime and punishment

In recent months the EU has shown signs of toughening its stance on drug counterfeiters - and not just those who manufacture fakes, but also those responsible for distributing them within the supply chain.

Those found guilty of producing or distributing counterfeit drugs could face four years in jail or fines of up to Euro 300,000 under draft legislation adopted by the European Parliament's Legal Affairs' Committee.

However, in view of the potential profit to be made by selling products containing little or no active ingredient at best, or harmful or toxic substances at worst, it is doubtful whether these penalties will be severe enough to act as a real deterrent.

I'm not suggesting that Europe should follow the example of China, where the former head of the food and drugs agency has been sentenced to death for corruption. Zheng Xiaoyu was convicted of taking bribes and dereliction of duty. Although it may be reduced on appeal, this unusually harsh sentence reflects the weight China's leaders are giving to the issues of corruption and public safety.

Under Zheng's watch, dozens died in China from fake or bad drugs. Last year, a sub-standard antibiotic, Xinfu, which was not properly sterilised, caused the deaths of 11 people, while cough syrup containing diethylene glycol originating from China as a cheaper glycerine substitute killed more than 50 people in Panama last year.

Following Zheng's sacking in 2005, the Chinese government announced a review of about 170,000 medical licences that were awarded during his tenure at the agency. One company is said to have paid Zhang bribes in return for approving 277 drugs, mostly antibiotics.

In Europe the emphasis is firmly on technological prevention rather than Draconian cure. At the Total Processing and Packaging Show last month there was much evidence of progress towards realising the concept of the 'e-pedigree' advocated by the US FDA. Manufacturing Chemist was also given a sneak preview of a new coding technology to be released onto the market in a few months that could be virtually impossible to fake.

The counterfeiters need to be trapped between a rock and a hard place - with the industry constantly one step ahead and the justice system hot on their heels.