Court Rules DocMorris Promotions Encourage Excessive OTC Drug Consumption

The Karlsruhe Higher Regional Court has upheld a previous ruling that DocMorris, a Dutch online pharmacy, violates pharmaceutical advertising regulations through its promotional activities, specifically by incentivizing the purchase of over-the-counter (OTC) medications. This decision follows a legal challenge initiated by the North Rhine Chamber of Pharmacists, which argued that DocMorris's promotional rebates could lead to inappropriate self-medication and increased, potentially harmful, use of non-prescription drugs.

DocMorris had introduced a 25-euro discount for customers redeeming electronic prescriptions (e-prescriptions). This rebate could be applied first to statutory co-payments and the remaining balance used toward non-prescription products added to the order. The company classified this offer as a cash discount, suggesting it did not create incentives for misuse or overuse of medications. Additionally, DocMorris contested the applicability of German bonus restrictions on the grounds of European law, claiming such restrictions do not apply to them as a cross-border provider.

The Chamber of Pharmacists viewed the promotion differently, asserting that it contravened the German Medicines Advertising Act, which restricts product-related bonus offers to protect consumers from unsound influences that might encourage excessive or unnecessary use of medicinal products. The Chamber initially issued a formal warning to DocMorris and subsequently obtained an interim injunction from the Freiburg Regional Court. DocMorris appealed this ruling, maintaining that its promotional campaign was both lawful and within the scope of permitted discount exceptions.

After an oral hearing, the Karlsruhe Higher Regional Court confirmed the earlier decision, determining that the rebate campaign represented an impermissible product-specific incentive and could not be considered a minor benefit or allowable cash discount under current regulations. The court highlighted the potential risks associated with such promotions, notably the possibility of consumers being encouraged to purchase additional healthcare products unnecessarily. This could result in the normalization and trivialization of self-medication with OTC drugs, undermining public health objectives designed to prevent misuse and overuse of pharmaceuticals.

The court further noted that these types of promotions are especially problematic when targeted at individuals with chronic illnesses who are often exempt from co-payments. By allowing these customers to use the rebate for other non-prescription items, the campaign may foster imprudent purchasing behavior. DocMorris itself advertised that customers could add items like soap or aspirin to their online shopping cart and redeem the remaining discount, further blurring the line between essential and non-essential purchases.

In its ruling, the court emphasized that promotional strategies equating OTC medications with ordinary consumer products risk obscuring the unique nature and potential risks of medicinal products. Such actions, according to the judgment, could lead to inappropriate and excessive use of OTC drugs, which contradicts the protective aims of pharmaceutical advertising rules.

This case is part of a broader debate regarding the regulation of pharmacy promotions in Germany, particularly as online pharmacies increasingly seek to differentiate themselves in a competitive market. The case underscores the ongoing tension between consumer marketing strategies and public health safeguards for the responsible use of medicinal products.