Source: German Cannabis Business Assoc – Newsletter
Court Prohibits Advertising of Medical Cannabis via Delivery Platforms
26-01-21 | Apotheke Adhoc reports that the Apothekerkammer Nordrhein (AKNR) obtained a preliminary injunction before the Hamburg Regional Court against a provider that had advertised medical cannabis in a legally impermissible manner. The court reportedly prohibited, in particular, the presentation of medical cannabis as a consumer good, for example by referring to delivery via the food delivery service Lieferando. Also prohibited were advertising statements relating to telemedical treatments without direct personal doctor–patient contact, as well as product-related presentations including prices, strain selection, indications of effects, or unsubstantiated therapeutic claims. In the court’s view, these forms exceeded the limits of pharmaceutical and therapeutic advertising law and endangered the special protection of prescription-only medicines.
Braunschweiger Zeitung reports that the ruling of 26-01-15 was directed against a form of marketing that created the impression of a simple, consumption-oriented ordering process. The President of the Apothekerkammer Nordrhein, Dr. Armin Hoffmann, welcomed the decision and stated: “Medical cannabis is a prescription-only medicinal product and is subject to the same strict requirements as other medicines.” AKNR Managing Director Dr. Bettina Mecking called on policymakers and supervisory authorities to consistently enforce existing regulations and close regulatory gaps
According to Deutsche Apotheker Zeitung, the injunction specifically concerns the platform “zazaXpress”, which had advertised cannabis prescriptions following completion of a questionnaire and delivery within a short period of time. The court reportedly criticised the lack of personal doctor–patient interaction as well as the consumption-oriented presentation. An objection to the decision may still be filed.
