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Colorado pharmacy board sues Denver restaurant for selling antibiotics

Panaderia y Taqueria Chihuas allegedly sold topical antibiotic used for eye infections and an anti-parasitic drug

DENVER, CO - MARCH 7:  Meg Wingerter - Staff portraits at the Denver Post studio.  (Photo by Eric Lutzens/The Denver Post)
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The is suing a restaurant and bakery in Denver’s Gateway neighborhood for selling antibiotics without a license.

The lawsuit, filed July 9, alleges Panaderia y Taqueria Chihuas, 4810 Chambers Road, violated a cease-and-desist order the board issued in February. An unknown person filed a complaint in January alleging that the restaurant was selling antibiotics imported from Mexico.

An undercover investigator visited in February and purchased the anti-parasitic drug mebendazole, according to the lawsuit. He followed up in late March, after the cease-and-desist order, and found the restaurant was selling oxitetraciclina/polimixina B, a topical antibiotic used for eye infections.

A person answering the phone at Panaderia y Taqueria Chihuas hung up multiple times when a reporter called asking to talk to someone about the lawsuit.

Representatives from the State Board of Pharmacy declined an interview request.

Neither drug has any recreational use, and both are relatively easy to get with a prescription. A course of Emverm, the , costs more than $4,000, while a tube of oxytetracycline/polymyxin b (the U.S.-branded version of the antibiotic) per tube.

The lawsuit doesn’t state how much the restaurant charged for the medications.

Allegations of non-pharmacies selling prescription drugs are uncommon. The only comparable case in the last three years involved Los Nogales, a restaurant in Meeker, which allegedly dispensed antibiotics and non-narcotic cough medicines. The pharmacy board issued a cease-and-desist order, but didn’t file a lawsuit, in that case.

Since 2024, the board also issued cease-and-desist orders to two online pharmacies, one selling weight-loss drugs and the other human growth hormone; a veterinary hospital filling prescriptions for pets it hadn’t treated; an out-of-state pharmacy shipping to Colorado without a license; someone selling medications out of an Aurora residence; and the owner of a vending machine at Denver International Airport, for labeling it as “ShopAll Pharmacy” without a license.

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