End of the long-term ban. The industry will be able to advertise

The government has adopted a draft amendment to the Pharmaceutical Law, which assumes a departure from the total ban on advertising of pharmacies in force since 2012. Instead of a full lockdown, there will be detailed rules specifying what will be allowed and what facilities will still not be allowed to do.

At the same time, the government wants to tighten penalties for breaking the new regulations – the maximum fine will increase from PLN 50,000 to PLN 100,000. zloty.

The changes prepared by the Ministry of Health are intended to adapt Polish regulations to European Union law. The current ban was questioned by the European Commission, and in 2025 the Court of Justice of the EU found that it violated the freedom of establishment and the provision of services.

Advertising will be possible, but under strict conditions

Design does not mean complete freedom. The government wants to allow advertising of pharmacies, but at the same time limit its form and content. As emphasized in the justification for the amendment, the purpose of the changes is to protect patients against messages that could encourage unnecessary purchases.

“The intention is to introduce restrictions in the content of advertising, which will aim to protect patients against encouraging them to purchase medicines or other pharmacy products and use pharmacy services in an irrational manner and without regard to the patient’s health needs,” the project justification states.

The new regulations assume, among other things, that advertising of pharmacies will not be able to:

• offer benefits in exchange for purchases,

• be addressed to children,

• compare yourself with the competition,

• use the image or voice of famous people or people with medical education (except pharmacists),

• suggest that withdrawing from the pharmacy’s offer will worsen the patient’s health.

“People with pharmaceutical education are excluded from this ban because pharmacists do not fall into the category of medical education,” we read in the justification.

Higher penalties for breaking regulations

The amendment also provides for an increase in the maximum administrative fine for violating pharmacy advertising rules to PLN 100,000. zloty. The current limit is 50,000. PLN and has not been changed for over a decade.

“The proposed act also aims to adjust the amount of the fine for violating the ban on advertising public pharmacies, pharmacy points and their activities to today’s realities, as it has not been changed for 13 years,” explain the authors of the bill.

Data presented in the regulatory impact assessment show that since 2012, fines for violating regulations have been imposed 1,464 times. Their total value exceeded PLN 11 million.

The changes will cover over 12,000. pharmacies

The total ban on advertising pharmacies, in force since January 1, 2012, currently only allows establishments to provide information about their location and opening hours. After the entry into force of the new regulations, promotion opportunities will be greater, but they will still be subject to numerous restrictions.

The government emphasizes that the purpose of the changes is primarily to implement the CJEU judgment and adapt Polish law to EU regulations. The new regulations will cover approximately 12,500. pharmacies operating in Poland. Now the project will go to parliamentary work. If adopted, the new regulations will enter into force 14 days after their announcement.