Pharmacy Chamber Intensifies Legal Efforts Against Online Pharmacies

The Apothekerkammer Nordrhein (AKNR) has decided to continue its legal actions against online pharmacies following a recent ruling that deemed the misuse of the KIM (Communication in Medicine) system for promotional purposes as unacceptable. This decision comes in response to complaints against Doc Morris, which had sent communications to medical practices via the KIM system, promoting electronic prescription fulfillment.

According to the AKNR, this action constituted a misuse of the KIM system and an inappropriate intrusion into the professional space of physicians. The Cologne District Court ruled in favor of the Chamber, affirming that the utilization of the KIM system for advertising purposes violates regulations established for the secure exchange of medical documents.

Bettina Mecking, the managing director and legal advisor of AKNR, expressed satisfaction with the court's ruling, highlighting that it confirms their stance that the KIM system should not be exploited for unsolicited advertising. She indicated that this practice amounts to spam and could potentially encourage physicians to direct patients towards online pharmacies, which could contravene professional ethical standards.

The AKNR has been actively pursuing legal measures against various online pharmacy advertisements, typically represented by the law firm Friedrich Graf von Westphalen. Anne Bongers-Gehlert, an attorney associated with the firm, described the recent court decision as a significant addition to ongoing legal efforts aimed at combating unfair competition from Dutch online pharmacies. She emphasized that the AKNR will persist in its endeavors to ensure optimal pharmaceutical care for the public.

AKNR President Armin Hoffmann reiterated the commitment to challenging such practices, noting a troubling trend in the casual handling of medications, particularly within lifestyle contexts. He asserted that the best healthcare services are provided by local pharmacies and physicians, and that international mail-order services do not offer the same level of service and care.

This ongoing legal battle reflects broader concerns regarding the integrity of pharmaceutical services and the need to safeguard the healthcare profession from unfair competition and practices that may jeopardize patient care standards.