Pharmacy-only medications on eBay
September 15, 2011 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
I have found a medication in the USA which is much cheaper than in Germany, where it is only available in pharmacies. The medication is also available over the counter in Germany.
I wanted to resell the medication in Germany. However, it is now prohibited to sell pharmacy-only medications without official approval and as a non-pharmacist, for example on eBay.
Can I bypass this restriction by selling the medications as purely decorative items? In other words, by explicitly stating in the listing that they are intended for decoration.
This is often seen in other auctions. Is such a clause ineffective?
Dear inquirer,
Thank you for your inquiry. I would like to answer it as follows:
You have done your research correctly. If it is a pharmacy-only medicine, it can only be sold by a pharmacy or individuals with a pharmacist's permission. It appears that you do not have such a license. Therefore, you are not authorized to sell this medicine.
Therefore, you are also not allowed to sell this medicine on eBay. The way you present the item is not relevant here. What matters is that the item you are (wanting to) sell is not allowed to be sold by you.
Unfortunately, the clause you intended to use does not change this fact.
In conclusion, I can only strongly advise against selling the medicine on eBay or anywhere else.
I hope I have provided you with some initial legal guidance and wish you success and all the best!
I would like to point out the following to you:
The legal advice I have provided is based solely on the information you have provided. My answer is only an initial legal assessment of the situation and cannot replace a comprehensive assessment of the circumstances. Adding or omitting relevant information can result in a completely different legal assessment.
I hope my explanations have helped you. You are welcome to contact me through the follow-up option.
I wish you a pleasant Thursday evening!
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax: 0471/140244
Tel: 140240 or 140241
