Image Credit: Health Canada

A BC sex shop chain was slapped with nearly $1.1 million in fines after it knowingly mislabeled and sold sexual enhancement drugs.

In a first-of-its kind conviction, MFH International Enterprise Inc. was found guilty of selling "herbal" pills which contained the active ingredients for prescription drugs Cialis and Viagra.

They were sold as two separate products, both labelled as "100% natural" and having Health Canada approval. There was no indication on the packaging either of them were prescription drugs or that they contained ingredients for the erectile dysfunction medications.

According to a recent BC Provincial Court decision, it's the first time a corporation has been convicted in Canada for false or deceptive advertising under the Food and Drugs Act.

The company operates four Lower Mainland sex shops under the name Male and Female Harmony.

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It argued to a BC provincial court judge for a lesser fine because it's a "smaller company with limited means." Although the judge didn't reach as high a fine as prosecutors argued for, it's still double what the defence sought in an effort to "deter" MFH or any other company from trying the same scheme.

Judge Bonnie Craig found MFH didn't come "close to establishing due diligence," especially considering warnings about unauthorized products from Health Canada in the past.

"MFH’s knowledge, intent and disregard for the potential risk to human health places it at the higher end of the culpability spectrum," she said in her March 3 decision.

The active ingredients for the erectile dysfunction drugs were packaged into capsules, with the Viagra-like pill sold as "Harmony" and the Cialis-like pill as "Passion Fem."

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Information on the dangers of those drugs were "easily available" on the Health Canada website, Justice Craig said.

Harmony capsules contained three-times the recommended dosage for erectile dysfunction treatment. It was sold for $140 in 10-capsule packs.

For $99.99, 10-capsule packs of Passion Fem were advertised as a "100% natural" product that "helps female libido," but it has no proven benefits for females whatsoever, according to the decision.

They both come with potentially risky side effects, while the packaging came with no warnings for customers.

Craig noted the company profited more than $120,000 from the capsules it prepared from 2016 to 2020, but its profits could have been ten times that if those pills had been sold.

MFH has five years to pay the fine.

For the next two years it must also post a notice in its stores briefing customers on the conviction. It includes a condition that any customer who still has the products can forfeit them to Health Canada and get a full refund from MFH.

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