Court Rulings on Pharmacy Marketing Remain Strict: OLG Frankfurt Prohibits Voucher Advertising

The recent decision of the Higher Regional Court (OLG) Frankfurt am Main (judgment dated 15 May 2025 – 6 U 347/24) reinforces the established jurisprudence that places tight restrictions on financial incentives related to the dispensing of prescription-only medicines in Germany. Both mail-order and brick-and-mortar pharmacies are therefore regularly required to ensure their marketing practices comply with the requirements of the German Act on Advertising in the Healthcare Sector (Heilmittelwerbegesetz – HWG) and relevant high court rulings.

In the case at hand, a Dutch mail-order pharmacy had offered two €10 vouchers: one for redeeming electronic prescriptions (e-prescriptions) and another for first-time orders via its app. The first voucher could be applied to the statutory co-payment, while any remaining credit could be used to purchase non-prescription products.

The OLG ruled that this promotional activity contravened the prohibition on benefits under Section 7(1) of the HWG. Both vouchers encouraged the purchase of non-prescription medicines. The decisive criterion was whether the financial incentive could influence consumers' decisions to purchase the products in the first place, which is precisely what the HWG seeks to prevent. Furthermore, the court found that the exemption for 'low-value items' did not apply in this case, given that this threshold is typically set at one euro.

Of particular importance for pharmacy operators: even marketing that promotes an entire product range may be considered product-related under the HWG.

 

Conclusion:

This judgment once again confirms that advertising in connection with the distribution of medicinal products is subject to strict legal boundaries. Pharmacies – especially those engaged in digital or cross-border mail-order trade – should ensure that their promotional activities are thoroughly reviewed for legal compliance in order to avoid cease-and-desist letters or preliminary injunctions.