Feb 20 • 06:01 UTC 🇵🇱 Poland Rzeczpospolita

Pharmacy Advertising: Implementation of the CJEU Judgment or 'Ban 2.0'?

The European Commission has urged Poland to comply with a CJEU ruling regarding the advertising ban on pharmacies, emphasizing not just legislative pace but also quality.

At the end of January, the European Commission signaled a clear message to Poland regarding compliance with the CJEU ruling from June 19, 2025, which addressed the ban on pharmacy advertising. This situation illustrates the EU's focus not only on the speed of legislative processes but also on the quality of new laws. The core issue is not merely about replacing the disputed article of the Pharmaceutical Law but rather ensuring that the new regulatory model effectively addresses the legal inconsistencies identified by the EU.

The draft amendment to the Pharmaceutical Law dated December 11, 2025, marks a significant shift by formally moving away from a complete ban on pharmacy advertising. Instead, it proposes a model of "advertising permitted but strictly limited." This new approach aims to provide defining parameters that frame advertising as actions intended to inform or encourage the public to utilize pharmacy services, thus increasing the sale of products, services, benefits, and programs offered by pharmacies and points of sale.

This change holds considerable implications not only for the pharmacies themselves but also for the broader pharmaceutical market in Poland. By redefining advertising limits, pharmacists may have increased opportunities to market their services and goods appropriately, aligning more closely with EU regulations. However, the success of this adjustment remains to be seen, primarily how well it satisfies the European Commission's requirements for compliance and addresses the previous legal challenges posed by the original advertising ban.

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