What it is
“Running a promotion” does not mean the same for everything in a pharmacy. Prescription-only medicines are not advertised to the public; those reimbursed by the public system have a fixed price; over-the-counter medicines may be advertised under the health authority’s control; and health and cosmetic products are governed mostly by consumer law. Mixing the four sets of rules is the quickest way to get into trouble.
There is also an underlying rule: in a health service a promotion must not push someone to buy a medicine they do not need. You inform, you do not pressure.
The four rules, from strictest to freest
Before offering anything, identify which one you are in:
- PRESCRIPTION MEDICINES: no advertising to the public and no gifts or discounts to make them buy. The pharmacist dispenses according to the prescription, without incentives.
- REIMBURSED MEDICINES: they have a fixed price and are not discounted to the patient. The pharmacy’s purchase conditions are also limited by law.
- OVER-THE-COUNTER, NON-REIMBURSED MEDICINES: their advertising is regulated and subject to the health authority. In-store offers follow what regional rules allow; check before advertising.
- HEALTH PRODUCTS, COSMETICS AND SUPPLEMENTS: free pricing and promotions allowed within consumer law: a real reference price, clear terms, no misleading advertising and no effects the product does not have.
At the counter
When to recommend it
- Clear, dated promotions on health products and cosmetics
- Real discounts against a real reference price
- Useful information beside the product (what it is for, who it does not suit)
- Ask your professional body about your region’s rules before advertising
When not to
- Advertise a prescription medicine to the public
- Gifts or discounts tied to buying a reimbursed medicine
- Strike through a “previous price” that was never really applied
- Promise that a supplement “cures” or “prevents” something
Warnings
- Important Prescription medicines are not advertised to the public and no incentives are offered for buying them.
- Important Reimbursed medicines have a fixed price: they are not discounted to the patient.
- Caution The “previous price” struck through in an offer must be a real price; European consumer rules ask for the lowest price in the previous 30 days to be shown. Check the rule currently in force.
- Caution Regional rules may be stricter about advertising inside the pharmacy: check with your professional body.
- Worth knowing This pill is general training, not legal advice. For a specific doubt, check with your professional body or adviser.
Before launching a promotion
- Identify what the product is: prescription, reimbursed, over-the-counter or health product?
- Check the rule for that group (and your region’s).
- If the price is reduced, make sure the reference price is real and it is clear when the offer ends.
- Write the message with no claims to cure and no comparisons with other products.
- Do the sums: it should pay and it should not push people to buy what they do not need.
What can be promoted
| Aspect | Allowed (within consumer rules) | Restricted or not allowed |
|---|---|---|
| Cosmetics and health products | Discounts, packs, clear dated 2-for-1s | Claims of effects the product does not have |
| OTC, non-reimbursed medicines | In-store information as the rules allow | Unauthorised advertising or sales pressure |
| Reimbursed medicines | Inform well | Discount the price to the patient |
| Prescription medicines | Dispense with information | Advertising to the public or incentives |
Freedom to promote falls as the product becomes more clearly a medicine.
Self-assessment
Three questions. When you check your answers you will see the explanation for each one.
-
Advertising prescription-only medicines to the public is prohibited.
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Reimbursed medicines have fixed prices.
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A false reference is misleading advertising.
Training content. It does not replace the summary of product characteristics or clinical judgement.