A big change for pharmacies and patients. The current ban is to disappear

The total ban on advertising pharmacies and pharmacy outlets, in force since 2012, is to be lifted. The government’s draft amendment to the Pharmaceutical Law assumes allowing advertising, but at the same time introducing restrictions that are to set the limits of permitted marketing activities.

The bill has already passed the first reading in the Parliamentary Health Committee and has been referred for further work. During the debate in the Sejm, all clubs announced their support. The differences concern primarily the scope of permissible advertising and protections against commercialization of pharmacies.

Advertising of pharmacies is to be allowed, but with restrictions

The project includes, among others: prohibition on offering certain material and intangible benefits to patients. This includes: about rewards, loyalty programs and some forms of discounts. The restrictions will also apply to advertising targeted at children and teenagers.

The Civic Coalition submitted four amendments to the bill. One of them is to clarify the ban on using the authority of people with pharmaceutical education or suggesting that they have such education in advertisements. The next one concerns the compliance of advertising with the Act on Combating Unfair Competition.

The fine may increase to PLN 1 million

One of the proposed changes is to increase the maximum penalty for violating advertising rules to PLN 1 million. Its amount would be linked to the number of pharmacies belonging to a given entity. Such an amendment was announced by KO, and PSL also declared support for it.

At the same time, PSL opposed the proposal to increase the maximum penalty to PLN 10 million. In turn, the Confederation raises reservations about the planned increase in the fine to PLN 1 million and restrictions that may include discounts and loyalty programs.

Members of Parliament differ in their assessment of the limits of advertising

PiS supports the need to change the regulations, but points out that the new regulations should better protect the pharmacy as a health care facility. Club representatives distinguish between informing patients about services such as vaccinations, pharmaceutical care or drug reviews, and advertising aimed at increasing sales.

The left also supports moving away from a total ban. According to the position presented during the debate, the change may allow for better information to patients about services provided by pharmacists, including vaccinations, pharmaceutical care, drug reviews and basic diagnostic tests.

The bill will return to the Health Committee

The Confederation positively assesses the abandonment of the total advertising ban, but criticizes some of the remaining restrictions. The reservations concern, among others: the amount of sanctions and the ban on offering benefits, which may include discounts and loyalty programs.

The changes have not been decided yet. Since amendments were submitted during the work, the project is to be returned to the Health Committee. The committee must provide an opinion on them before the final vote in the Sejm.