First Warning Issued Over New Prescription Discounts

The recent legal landscape surrounding prescription discounts has shifted, with the first formal warning now issued to online pharmacies. This follows a ruling from the Federal Court of Justice (BGH) which deemed certain discount practices permissible based on outdated legal frameworks. Following this decision, companies like Doc Morris quickly launched new discount campaigns, while Redcare celebrated the ruling as a significant advancement in pharmaceutical supply.

However, the North Rhine Pharmacy Chamber (AKNR) is taking action to address these developments. According to AKNR, the recent BGH ruling only applies to previous legal conditions, and the newly introduced discount campaigns fall under different legal statutes, particularly concerning the regulations that protect patients from misleading advertising. Bettina Mecking, a legal advisor for the AKNR, emphasized that the current actions by online pharmacies must be scrutinized under the applicable laws.

Armin Hoffmann, President of the Federal Pharmacy Chamber and the North Rhine Chamber, commented that foreign online pharmacies are misinterpreting the Karlsruhe ruling as a blanket approval for all forms of advertising involving prescription discounts. He stated that the BGH's decision does not reflect the current applicable law.

The warning was prompted by a new promotional campaign offering prescription bonuses of up to 15 euros per medication for both publicly and privately insured patients. The AKNR believes this campaign violates the law governing medicinal advertising, as the bonus constitutes an improper incentive. The legality of the bonus does not change depending on whether it is paid out immediately or offset against future orders.

This situation illustrates the ongoing tension between traditional pharmacies and online retailers in the evolving pharmaceutical market. The AKNR aims to protect the integrity of pharmaceutical advertising and ensure that patients receive unbiased information about their medications.