Man caught with €12,000 of 'skinny pens' at Dublin Airport avoids jail
Patrick Fay was thwarted when he tried to bring home a five-year supply of the weight loss injections. File picture: Mohammed Al ali / Alamy Stock Photo
A man intercepted at Dublin Airport with €12,000 worth of potentially dangerous "skinny pen" weight loss injections following a trip to Turkey has escaped a jail sentence.
Patrick Fay, Fitzgerald Park, Dun Laoghaire, Co Dublin, who was thwarted when he tried to bring home a five-year supply, pleaded guilty to three charges.
The offences were under the Irish Medicines Board Acts for unlawfully importing Saxenda injections, nicknamed skinny pens, keeping them for supply, and placing them on the market without authorisation.
Dublin District Court heard earlier that the building maintenance worker was stopped at Terminal 1 arrivals on November 13, 2023, leading to the Health Products Regulatory Authority (HPRA) prosecution. The offence carries a maximum €4,000 fine or 12 months imprisonment per charge.
On Monday, Judge Anthony Halpin noted that a "glowing" pre-sentence Probation Service report said Fay was suitable for community service. Imposing that sanction, he ordered Fay to perform 100 hours of work instead of a three-month prison sentence.
The court heard that the medication used without proper supervision has the potential to kill people with certain conditions. Ciaran Wright said: "It is extremely worrying to the authorities, and it appears to be a more common factor now these pens are more available on the streets outside the legal supply chain".
In evidence, Mr Wright, an HPRA-authorised officer, told Judge Anthony Halpin that customs officers stopped Fay, who had just flown back from Kusadasi.
The witness agreed with Brian Gageby, BL, prosecuting, that Fay's bag had 60 pens labelled Saxenda. He had claimed the product was for himself, three family members, and two friends.
He said he had bought them before through Instagram or Facebook, but in this case, he had got them over the counter while on his trip to Turkey.
Mr Gageby told the court that Saxenda was authorised for supply through pharmacies only with a prescription. However, Fay's skinny pens did not have European marketing authorisation, and there was no English or Irish translation.
Mr Wright added that there was no patient information leaflet on how to use the product or warning about side-effects and dangers for users taking Saxenda if they had certain medical conditions. The pre-filled Saxenda pens in Fay's luggage were for the Turkish market. Each pen contained multiple doses.
"There would be severe risks for persons who would not be under medical supervision," Mr Wright explained.
The accused, a father of three, had a five-and-a-half-year supply, and the pen had a street value of €150 to €200. Fay had 40 injections for himself, valued at approximately €8,000, and the rest for family and friends.
The judge noted that the medication was generally for people clinically overweight, with diabetes and other similar medicinal conditions. It is injected daily in the thigh, abdomen, and/or arm, which a doctor should explain.
The court heard there was a "severe risk" to patients with heart failure, diabetes, and people aged over 75. It could also cause a severe allergic reaction and inflammation of the pancreas: the most common side-effects affecting one in 10 people were nausea, vomiting, headaches and diarrhoea.
The HPRA witness said it was unusual for a pharmacy, even in Turkey, to supply that quantity without a prescription. The witness agreed that when questioned, Fay maintained he did not realise he was doing anything wrong, and he apologised and co-operated.
The court heard he had no prior convictions. His barrister said he worked full-time and showed clear remorse.
Judge Halpin did not accept a defence proposition that it was like buying paracetamol in a supermarket, saying: "One jab of this could kill you". However, the judge said he would give him the benefit of the doubt about his account to the HPRA.
