German Advertising Law: Strict Limits for Pharmacy Advertising of Online Consultations
2026-07-03 | When promoting the assisted telemedicine (aTM) services that have been permitted in German pharmacies since 1 July, legal compliance depends on subtle distinctions, according to Apotheke Adhoc. Legal expert Dr. Niels Lutzhöft explains that pharmacies may generally and objectively inform customers that video consultations, along with the required technical infrastructure and consultation rooms, are available on-site. Such information is considered neutral consumer information and is therefore not subject to the strict advertising ban for remote medical treatments under Section 9 of the German Therapeutic Products Advertising Act (HWG).
However, it is not permissible to link these services with specific medicines (such as weight-loss injections) or to advertise individual telemedicine providers. Pharmacies must also ensure that they do not violate professional referral prohibitions or create the impression that they themselves provide medical treatment.
German Federal Court of Justice Defines Clear Limits for Online Advertising of Medical Cannabis
2026-06-25 | Attorney Dennis Tölle explains in a legal analysis that the German Federal Court of Justice (BGH, judgment of 26 March 2026, Case No. I ZR 74/25) has tightened the rules governing public advertising for medical cannabis.
According to the ruling, an online physician referral platform violates the German Therapeutic Products Advertising Act if it enables patients to submit treatment requests while specifically referring to cannabis-based therapies. Since medical cannabis is a prescription-only medicine, it is subject to a strict prohibition on advertising directly to consumers.
The judges further clarified that a violation does not require mentioning specific product names. Advertising an entire class of medicinal products is sufficient. The Court also rejected the argument that prescribing decisions ultimately remain with physicians, emphasizing that the law is intended to protect patients from commercial influence.
For telemedicine platforms, this means that prominently highlighting therapeutic benefits while simultaneously providing appointment-booking functions may be regarded as unlawful sales promotion.
Proposal for Designated Cannabis Consumption Zones in Witten (North Rhine-Westphalia)
2026-07-02 | The Left Party in the city of Witten has submitted a motion calling for officially designated cannabis consumption areas in every district, according to WAZ.
According to parliamentary group leader Ben Luckner, the complex distance requirements of Germany’s Cannabis Act (KCanG), particularly around schools and daycare facilities, create considerable legal uncertainty and anxiety among consumers in urban areas.
The proposed locations—potentially including the outer sections of the municipal park—would provide legal certainty for consumers while simultaneously protecting non-users from passive smoke exposure. The proposal also suggests selecting locations with nearby food retail infrastructure.
The party believes the initiative would strengthen social acceptance while reducing conflicts in public spaces.
Source: German Cannabis Business Association
