Amendment to the Pharmaceutical Law – lifting of the ban on advertising pharmacies.

On 22 August 2025, the assumptions for the draft amendment to the Pharmaceutical Law were published on the website of the Chancellery of the Prime Minister.

According to the information provided, the aim of the draft is to repeal the total ban on advertising publicly accessible pharmacies and pharmacy outlets contained in Article 94a of the Act of 6 September 2001 – Pharmaceutical Law (Journal of Laws of 2025, item 750, as amended).

The need for the amendment stems from the CJEU judgment in case C-200/2024, published on 19 June 2025. In 2013, a complaint was lodged with the European Commission concerning the provision of the Pharmaceutical Law on the advertising of pharmacies. The Commission considered the complaint to be justified and referred the case to the Court of Justice of the European Union (CJEU).

Which ruled that the ban on advertising publicly accessible pharmacies and pharmacy outlets, resulting from Article 94a of the Pharmaceutical Law, violates Article 8(1) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, and in particular of electronic commerce in the Internal Market (Directive on electronic commerce) (OJ 2000 L 178, p. 1), as well as Articles 49 and 56 of the Treaty on the Functioning of the European Union. The Court found that a total ban is an excessively restrictive and disproportionate measure in relation to the objective of protecting public health.

In connection with the planned repeal of the total ban on advertising publicly accessible pharmacies and pharmacy outlets, the legislator is to specify new rules in the draft, according to which such advertising will be permitted. As indicated in the information provided, there are plans to introduce restrictions on the content of advertising, aimed at protecting patients from being encouraged to purchase medicines or other pharmacy products and to use pharmacy services in an unreasonable manner and without regard to the patient's health needs.

In addition, the proposed regulations are intended to prevent advertising that goes beyond the established standard of objectivity and neutrality in advertising messages. The amendment, in accordance with the guidelines contained in the CJEU judgment, is intended to allow the advertising of services provided by pharmacists in a manner that ensures respect for the rules of the profession of pharmacist and in accordance with ethical principles.

It is also proposed to triple the maximum financial penalty fo violating the ban on advertising publicly accessible pharmacies, pharmacy outlets and their activities.

The planned date for the adoption of the draft by the Council of Ministers has been set for the fourth quarter of 2025.