Personal Health

The Federal court of justice gifts advertising bans in pharmacy

No handkerchiefs, coupons or candy: pharmacies must submit at the time of dispensing of prescription medicines, any promotional gifts to customers, even if ever so slightly. This was decided by the Federal court of justice (BGH) in Karlsruhe. But there are exceptions.

The judges in Karlsruhe have been designed with your judgment in this country, legally regulated pricing for prescription drugs more strictly than in the past. It seemed not, as yet, possible customers promotional gifts when you purchase of prescription medications, slight give such as a pack of handkerchiefs or grape sugar, which is banned in the future. The customer buys, however, drugs without a prescription the regulation does not apply.

The promotional gifts are in breach from the point of view of the BGH, the violation of any applicable price regulations: According to the German advertising of medicines act, any granting of a gift or other promotional gift inadmissible, in violation of the price provisions of the medicines act. One of the few exceptions specied by law clients are Illustrated magazines such as the New pharmacies. You may continue to be delivered.

Mathias Arnold, Vice-President of the ABDA – Federal Union of German associations of Pharmacists, welcomed the judgment from Karlsruhe: "The Federal court of justice clarifies in its judgment that uniform prices for prescription drugs in all pharmacies are valid, and thus strengthens the drug price regulation. This is an important Signal of the jurisprudence in respect of the current procedures for on-the-spot-pharmacies-strengthening act (VOASG). With this act, must be achieved, the validity of the Federal uniform prices for the foreign Shipper to recover, which may differ according to a judgment of the European court of justice from the year 2016 of it."

Specifically, the Supreme court has decided in two cases: As a pharmacy in Darmstadt, Germany had given to their customers as an addition to a Rx drug a bread voucher for a bakery in the neighborhood. The lower courts had declared this conduct to be inadmissible. In the other case, customers of a Berlin pharmacy had received a One-Euro-voucher for the next pharmacy shopping.

ET/PZ/RF