SCORING SOME SUDAFED FOR YOUR COLD -- LEGALLY

As New Law Limits Sales, We Test Drugstore Policies; Using a
Calculator to Order Allergy and cold season hit our family with a
vengeance this fall. We usually rely on Sudafed, or pseudoephedrine,
to relieve our runny noses and sinus pressure.

But because of new federal restrictions, we've found it isn't as easy
to purchase this year.

Under a federal law that took full effect on Sept. 30, retailers must
now sell products containing pseudoephedrine, such as Pfizer Inc.'s
Sudafed and Schering-Plough Corp.'s Claritin-D, from behind the
pharmacy or retail counter or from a locked display case. That is
because pseudoephedrine and certain other decongestants can in large
quantities be used to make the illegal drug methamphetamine.

The law, called the Combat Methamphetamine Epidemic Act, also requires
retailers to maintain a paper or electronic logbook for documenting
purchases. All customers -- including law-abiding sinus sufferers --
must present photo identification, sign the book, and enter their
name, the address and the time of sale. Retailers record the product
and quantity. Since April, federal law limits pseudoephedrine
purchases to 3.6 grams a day, nine grams a month, or 7.5 grams a month
via mail. For runny-nosed consumers, that means three Sudafed boxes
containing 48 tablets each per day -- but no more than six boxes per
month.

That's at best. State laws that are more stringent will still apply,
so limits may be even lower.

A Pfizer spokeswoman described the new law as a "minor inconvenience"
to honest customers.

She also points out that people can purchase reformulated versions of
Sudafed and other products directly from store shelves.

These versions contain other decongestants such as
phenylephrine.

The new system isn't foolproof, since no national database links
retailers and law-enforcement authorities. Brazen criminals can
exploit the gap by store-hopping or by purchasing pseudoephedrine
under multiple identities -- though such crimes may be punishable by
up to $500,000 in fines and up to five years in prison.

Consumers can also conceivably run afoul of the law. Investigators
could, in rare cases, add up your purchases and find you in violation.
While exceeding purchase limits is a crime, the new law doesn't
specify penalties for the offense, according to Rogene Waite, a
spokeswoman for the Drug Enforcement Administration. Retailers can
also face penalties for selling beyond the limits.

Another DEA spokesman says it is too early to determine whether
arrests have been made under the new law or if the act is reducing
domestic methamphetamine production.

To see how much of a hassle it is to buy pseudoephedrine, three Cranky
Consumer testers shopped for boxes of 30-milligram tablets of Sudafed
or store brands of the drug. We randomly selected five stores that
were part of national chains and one online pharmacy.

Our conclusion: Shopping for pseudoephedrine can be an outright
nuisance -- especially if you're sick -- but it is a small
inconvenience compared with the larger goal of stopping the spread of
an illegal drug.

In our test, one drugstore was out of pseudoephedrine, one clerk
couldn't find any, and it wasn't always clear that we needed to go to
a counter. While new products containing the alternative
phenylephrine, a drug commonly used in nasal sprays, are available in
the cold-remedy aisle, it's easy to confuse the packages for the old
standbys, even though labels specify "New formula" or
"pseudoephedrine-free." Grabbing a box while trying to console whining
children clouded our ability to read carefully. Our sinus pain is so
debilitating that we favor pseudoephedrine, the drug that has always
alleviated our problem.

Although the Food and Drug Administration says phenylephrine is safe
and effective, two University of Florida pharmacists questioned its
effectiveness at the FDA-approved dose in a peer-reviewed letter
published in a scientific journal this year. We also prefer to take
our medicine every six hours instead of every four -- the shorter-term
dosing required for phenylephrine.

An Eckerd store was out of Sudafed and store-brand pseudoephedrine,
after we made two maddening trips and waited at the pharmacy while
ill. We ordered two 96-pill packages of Sudafed from Drugstore.com
instead.

Since expedited shipping cost $13 to $30 for a $14 item, we chose free
standard shipping (our medicine arrived on time the following week).
After ordering, we worried about purchasing too much Sudafed and
breaking the law. The Web site informed us that we could purchase 7.5
grams per month via mail, but the Sudafed box specified only the
number of 30-milligram tablets -- not the total weight (A Pfizer
spokeswoman said that is because pseudoephedrine is measured in
milligrams, not grams). We needed a calculator to determine that we
bought only 5.76 grams.

Afterward, we learned the online system tallies our monthly
pseudoephedrine purchases to prevent us from exceeding the limits,
according to Jonathan Tinter, a Drugstore.com executive. We developed
sinusitis before our order arrived, so we headed to Wal-Mart for
pseudoephedrine. We found shelves lined with phenylephrine remedies
but of course no pseudoephedrine. We knew to go to the pharmacy
counter, but we didn't notice signs directing us there.

A pleasant clerk entered information from our driver's license on a
computer.

We worried about storing our personal information on a Wal-Mart
database.

A Wal-Mart spokesman assured us the data is a confidential medical
record.

A federal official said merchants must retain the log on their
premises for two years and present it to law-enforcement officials for
inspection on request. We had to sign an electronic legal statement
before paying, and we felt a little like suspected criminals.

The clerk gave us a box of 48 tablets but wouldn't let us buy
another.

At a Target store, we found phenylephrine products such as Sudafed PE
in the cold-remedy aisle.

Cards depicting actual pseudoephedrine products, such as including
Aleve Cold & Sinus and Advil Multi-Symptom Cold, hung along the
shelves, directing us to present them at the pharmacy.

We asked for a 48-tablet box of Target-brand pseudoephedrine and a
24-tablet box of Sudafed. The clerk wasn't sure whether we could buy
both, but his computer permitted the sale, so we figured the purchase
was legal.

We couldn't buy pseudoephedrine at another Target on a Sunday morning
because the pharmacy counter was closed.

A large sign above the cold remedies at a Walgreens stated that
pseudoephedrine products were available at the pharmacy counter.

We bought the Wal-Phed pseudoephedrine suggested by the
clerk.

After requesting our driver's license, he asked the pharmacist a
question.

We were concerned because we bought pseudoephedrine at another store
earlier that day. But when he returned, he simply entered our license
information into a computer. A trip to CVS was fruitless.

The clerk at the front counter couldn't find Sudafed or the store
brand -- only products mixing pseudoephedrine with pain relievers and
antihistamines. The shelf spaces where pseudoephedrine products were
once located in the cold remedy aisle were empty of medicine and cards.

A sign directing us to the "front" counter to buy pseudoephedrine also
stated the 3.6 gram-a-day limit.

We found cards at a second CVS, where we bought a 24-count box of the
CVS brand and signed a paper logbook. We'll now be more conscious
about purchasing pseudoephedrine. We'll check pharmacy-counter hours,
which can be more limited than store hours, set aside more time for
waiting and paperwork, and we'll remember to buy it when we're not
shopping with children -- and when we're healthy.

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STORE AVAILABILITY

Clerk couldn't find any; available in second store One store posted
signs directing customers to front counter; in another store, cards
depicting pseudoephedrine products, hung above cold aisle for
customers to present at counter Paper log kept in store A spokesman
said both stores are fully stocked.

We may have arrived at the first one prior to its weekly shipment.

Drugstore.com 1 In stock

A notice beneath pseudoephedrine products
alerted us to the 7.5-gram monthly mail-order limit.

Web site monitors daily and monthly grams purchased; company won't
ship if customer exceeds limit We received drugs without sending copy
of license (ID verification procedure wasn't posted in early Oct.);
company said it had safeguards, and didn't realize new DEA regs were
effective immediately; store posted procedure after realizing the
problem

Eckerd

Not available in two visits Pseudoephedrine products
had been replaced with tear pads featuring pictures of boxes,
directing customers to tear a sheet and present to pharmacist Paper
log kept in store No tear pads were on the shelf for 30-milligram
Sudafed or other pseudoephedrine tablets. A spokesperson said the
store had stock but ran out of pads.

Target in Stock

Plastic tags picturing pseudoephedrine medications hung in the
cold-remedy aisle
and directed customers to the pharmacy counter.

We couldn't find tags in another store.

A national database stores info on daily and monthly purchases, and
point of sale. A clerk wasn't sure if we were buying too much until
his computer permitted the sale. The pharmacy counter at another store
wasn't open yet.

Wal-Mart In stock

No signs, pads or hanging cards directed us to the
pharmacy. Electronic log stores ID info; system tracks grams purchased
on same day (not monthly) at that store only The pharmacy clerk
refused a request for a second box.

Walgreens In stock

A large sign said the company wants to control meth
abuse and suggested visiting the pharmacy counter for pseudoephedrine
products. Nationwide electronic log tracks grams purchased daily,
monthly in multiple stores; sale is blocked if customer exceeds limits
A statement on the receipt reminded us of the daily and monthly limits.

But we smudged the ink and forgot.