Ask a lawyer on the topic of Internet and computer law

Advertising for medications

February 14, 2011 | 35,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

Dear Sir or Madam,

I would like to add links and descriptions to medications in foreign countries (e.g. in the USA) on a website. Additionally, I would like to mention shipping costs, shipping time, etc. to Germany.
The page should be structured as a comparison between the costs in Germany and the costs abroad.

Would I be violating any laws with this project?

If implementation is possible, what should I include in the terms of use and in the disclaimer?

What applies to medications that are prescription-only in Germany, but not in other countries?

Should users be required to agree to the terms of use (e.g. with a PHP checkbox) in order to enter and use the site?

What is the situation regarding prescription medications?

Thank you for your assistance.

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry.

Comparative advertising is permissible as long as it is factual and objective.

However, you should not link to internet sites where customers can directly obtain prescription drugs that are prescription-only in your country.

I cannot provide you with terms of use/disclaimer at this point as I would need to know the entire business concept. However, I would be happy to assist you in creating legally sound terms and conditions as part of a separate mandate.

By the way, customers would have to accept the terms of use beforehand, so your idea in this regard was correct.

Kind regards,

Danjel-Philippe Newerla, Attorney at Law