Strict Court Decisions on Pharmacy Promotion Persist: OLG Frankfurt Bans Voucher Advertisements in Pharmacies
In a landmark decision on May 15, 2025, the Higher Regional Court (OLG) Frankfurt am Main reaffirmed the strict prohibition on financial incentives for prescription-only medicines in Germany. The ruling, which concerns a Dutch mail-order pharmacy, underlines the tight restrictions imposed by the German Act on Advertising in the Healthcare Sector (Heilmittelwerbegesetz - HWG).
The pharmacy in question had offered two €10 vouchers, one for e-prescriptions and another for first-time app orders. Although the vouchers could be partially used for non-prescription products, the court found that they violated the HWG prohibition on benefits because they could potentially influence consumer purchasing decisions.
The HWG aims to prevent any influence on consumers' decisions to purchase prescription or non-prescription medicines. Marketing an entire product range in pharmacies can be considered product-related under the HWG. The court ruled that this promotional activity contravened the prohibition on benefits under Section 7(1) of the HWG.
It is worth noting that the exemption for 'low-value items' did not apply in this case. The threshold is typically set at one euro, but the value of the vouchers exceeded this.
Pharmacy operators in Germany are required to ensure their marketing practices comply with the HWG and relevant high court rulings. Both mail-order and brick-and-mortar pharmacies fall under these regulations. The first voucher could be applied to the statutory co-payment, with any remaining credit usable for non-prescription products. However, the court's decision indicates that even such incentives are restricted if they could influence consumer decisions.
The court's decision underscores the importance of adhering to the HWG regulations to avoid legal consequences. It also highlights the court's focus on whether the financial incentive could influence consumers' decisions to purchase the products in the first place. This decision reinforces the existing jurisprudence on financial incentives for prescription-only medicines in Germany, emphasizing the need for strict compliance with the HWG.
The court's ruling underlines the need for mail-order and brick-and-mortar pharmacies in Germany to comply with the strict regulations set by the German Act on Advertising in the Healthcare Sector (Heilmittelwerbegesetz - HWG), as financial incentives for prescription-only medicines are tightly restricted. Any promotional activities or marketing practices that could potentially influence consumer purchasing decisions, such as the offering of vouchers, are considered a violation of the HWG prohibition on benefits, regardless of whether the incentives can be partially used for non-prescription products.
