Polish pharmacies can revive ads after EU high court tosses ban

(CN) — The European Union’s high court on Thursday struck down a law Poland passed in 2012 banning advertising by pharmacies as part of an effort to rein in the overconsumption of medicine.

The European Court of Justice found the ban violated EU commercial laws that give regulated professionals extensive freedom to advertise their services and activities.

The Leviathan Confederation, a Polish business lobby representing pharmacies, fought the ban in Polish courts and eventually asked the European Commission to challenge it at the EU level. In 2023, the commission sued Poland at the Court of Justice.

The Court of Justice ruled that EU e-commerce law forbids EU states from imposing a “general and absolute prohibition on all advertising” by regulated professionals, according to a court news release. The ruling was not immediately available in English.

The court also said the Polish law infringed on pharmacists’ rights to provide services and run pharmacies.

In passing the prohibition, Polish lawmakers wanted to stop pharmacies from promoting medicines that might not be necessary. The ban included online advertising.

Under the law, pharmacies were only allowed to advertise their locations and opening hours. During the coronavirus pandemic, many Polish pharmacies did not advertise whether they offered Covid-19 vaccines for fear of violating the ban. Violators faced a fine of up to 50,000 Polish zloty (about $13,400).

The Court of Justice found Poland failed to show how the ban was protecting public health “by combating the overconsumption of medicinal products.”

The European Commission and the Polish government did not immediately respond to queries seeking comment.

Courthouse News reporter Cain Burdeau is based in the European Union.

Follow @cainburdeau