Online sale of medicines

The online sale of medicines is the e-commerce activity in medicinal products carried out by a pharmacist from a community pharmacy’s website. It was regulated at EU level by Directive 2011/62/EU, which inserted into Directive 2001/83/EC rules on distance selling to the public and introduced a common logo identifying authorised websites. In France, only medicinal products not subject to compulsory prescription may be sold online, and the activity remains subject to the pharmaceutical monopoly.

Conditions of practice

• the website is created and operated by a pharmacist who owns a community pharmacy, to which it is attached
• the activity requires authorisation from the director general of the regional health agency and must be notified to the French Chamber of Pharmacists
• the website complies with good practice for online dispensing, which in particular requires that the patient be able to communicate with the pharmacist before dispensing
• the medicinal products are prepared and dispatched from the pharmacy.

These requirements keep online sales as an extension of the pharmacy’s physical activity, without allowing the creation of standalone platforms for selling medicinal products.

Limits and interplay with EU law

The Court of Justice of the European Union accepts that a Member State may prohibit the distance selling of prescription-only medicinal products. For other medicinal products, national restrictions must remain justified and proportionate to the public health objective, which has led the courts to strike down broader restrictions.

Combating falsified medicines

The common logo, which links to the official list of authorised websites, is the main tool for distinguishing online pharmacies from illicit websites distributing falsified medicines. The owner of the trade mark or patent covering the imitated medicinal product has at its disposal the tools for combating online infringement, whether notice and takedown with hosting providers, website blocking or customs measures targeting postal consignments. These actions combine with the criminal prosecutions specific to falsification.

Key points

In France, the online sale of medicines is reserved to community pharmacists and limited to medicinal products not subject to compulsory prescription. The regional health agency authorisation and the presence of the common logo should be checked before entering into any commercial relationship with a website. For a rights-holding company, monitoring illicit websites and promptly notifying hosting providers remain the first reflexes against falsified products.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats acts in pharmaceutical patent disputes and on the medicines regulatory questions that accompany them, from the marketing authorisation to the supplementary protection certificate.

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