Court rules on pharmaceutical loyalty programmes
November 05 2014
The Supreme Administrative Court recently ruled on the issue of whether customer loyalty programmes were permissible advertising under the Pharmaceutical Law 2001.(1) The court held that such programmes constituted advertising of pharmacies and as such were prohibited. The decision gives some guidance on interpretation of the scope of the ban, which entered into force on January 1 2012.
The Pharmaceutical Law and the Healthcare Activity Law 2011 are the main legal acts which regulate issues related to the advertising of pharmacies and healthcare institutions in Poland. The Pharmaceutical Law was amended in 2012 and new Article 94a introduced a ban on the advertising of pharmacies and their business. However, according to Article 94a(1), informing customers of the pharmacy's location and/or opening hours will not be perceived as advertising:
"It is forbidden to advertise community pharmacies and pharmaceutical dispensaries and their activities. The information about the location and opening hours of the community pharmacy and pharmaceutical dispensary is not advertising."
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