ALERTS : DISTRIBUTION - MISLEADING ADVERTISING - FREEDOM OF EXPRESSION - DENIGRATION - DRUGS

Misleading advertising: The Colmar Court of Appeal annuls the interim decision having suspended an advertising campaign in favour of distribution of medicines by the retail distribution (Univers Pharmacie / GALEC)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts A central purchasing agency had launched an advertising campaign to raise awareness of the benefits of opening up the self-medication market. The message emphasised that the possibility for parapharmacies linked to this purchasing group to sell medicines not reimbursed by the health insurance would make prices more competitive [1]. A company distributing medicines to pharmacies sought an injunction to prohibit the distribution of this advertising on the grounds that it constituted a manifestly unlawful disorder. Most of the pharmacies, claiming disparagement of the profession of pharmacist, sought an award of damages on this basis. While the order

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Marie Koehler de Montblanc, Misleading advertising: The Colmar Court of Appeal annuls the interim decision having suspended an advertising campaign in favour of distribution of medicines by the retail distribution (Univers Pharmacie / GALEC), 21 April 2008, Concurrences N° 3-2008, Art. N° 27954, www.concurrences.com

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