Illegal online trade by Funcaps under scrutiny

Illegal sales

In recent years, Funcaps grew into one of the largest online suppliers of customised designer drugs and counterfeit medication. The substances were sold without prescriptions and without patient information leaflets. By continually making small adjustments to the chemical composition, the owners were able to operate outside the scope of the Opium Act for some time. According to Nan, the Medicines Act and the Opium Act are currently the most relevant legal frameworks, but that may change:

“From what I gather in the media, the case concerns the illegal sale of medicines and the distribution of harmful goods. However, I would not rule out that more conventional offences, such as causing death or serious bodily harm through negligence and possibly even intentional offences like manslaughter, may come into play.”

Attribution and causation?

The central legal issue is whether specific deaths can be attributed to Funcaps’ activities. This is determined using the doctrine of reasonable attribution, Nan explains: “That depends on the circumstances of the individual case. One of the key considerations is whether the criminally relevant consequence, such as the death of customers, was foreseeable.” This presents a significant challenge for the OM. Some victims had used multiple substances or medications, making the causal link difficult to establish. Nevertheless, clear evidence is not impossible, Nan notes: “That should be possible under certain circumstances, for instance, if toxicological research demonstrates that the purchased products led to ingestion and a high concentration of harmful or even lethal substances.”

The fact that parents at times explicitly asked Funcaps to stop supplying products may also carry considerable legal weight. “That may play a role in the evidence, as it could support the notion that the consequences were accepted. Moreover, this awareness is likely to be reflected in sentencing as well,” Nan explains.

Digital trade, cross-border risks

Online commerce complicates law enforcement. Webshops can swiftly change location, restart under a different name, or hide behind foreign servers. This enables those behind illegal online trade to remain under the radar more easily. As Nan notes: “Especially online, you can do quite a lot before the authorities discover that your activities are harmful and criminal. And in the digital age, your reach is often far greater, which means a case like this can expand very quickly.”

The rise of Funcaps demonstrates the vulnerability of the online marketplace. For years, the site operated in a grey area where new synthetic variants appeared faster than lawmakers could intervene. Since 1 July 2025, a revised Opium Act has been in force, introducing a new Schedule 1A that bans entire groups of substances at once, making the ‘cat-and-mouse game’ more difficult. Still, Nan emphasises that structural international cooperation is essential to combat such cross-border trade effectively: “Effective international cooperation can prevent illegal trade from shifting across borders and help avoid a waterbed effect.”

Sentencing prospects

The OM is currently determining which deaths will ultimately be included in the indictment. The next hearing is scheduled for February. The further course of the case is difficult to predict, Nan says: “It is still somewhat speculative, but once the investigation progresses, it is quite possible that specific deaths will be attributed to the suspects.” If a causal link is established in multiple cases, sentencing demands could rise sharply. As Nan underlines: “In cases involving intent, sentencing demands can increase considerably and may result in years of imprisonment.”

The following steps will depend on the findings of the OM’s ongoing investigation. The court will continue its examination of the case in the coming period.