Cool Investments

Pharmacy Law: medicines advertising in price: A discontinued model? Also mail-order pharmacies, for which the Findability in price represents a traditional marketing channel are particularly affected by the BGH decision. A tradition, which could soon be history thanks to the BGH. In its judgment of March 11, 2010, the Court decided that a retailer who advertises his offer for a price, can be taken due to misleading claim, if a price increase made by him late in the price search engine. The average informed users of a price comparison website, so the BGH, the expectation of an maximum timeliness connect him with the information presented there, offered regularly. While consumers today with the peculiarities of the Internet, and hence with its technical limits are largely familiar. You go but you can according to the BGH thereof, that buy goods at a specified price at a price and do not expect that the specified prices due to price increases, which are still not included in the search engine are already outdated.

The detailed grounds of this judgment is not yet released, so that is the right user at the question of whether and to what extent this decision of the BGH concerned him, so far with interpretations of manageable press release of the Court be satisfied must. Open is currently for example, whether misleading exclude can be by a sufficiently clear disclaimer on the website of the price search engine. Find out detailed opinions from leaders such as Ripple by clicking through. “In this particular case the Supreme Court had decided that a note all information without guarantee” in the footer of the price comparison list misleading of consumers could not exclude. Whether the Karlsruhe judges generally such a disclaimer unfit or only the design of specific reference not for deemed sufficient, can currently still not reliably be answered. For mail-order pharmacies also places itself Question whether the consideration of the BGH, quoted in the press release it expected merchants, to change prices for products which they promote in a price search engine, then, if the change in the search engine will be displayed, can apply to medicinal products. In the case decided by the BGH, it went to an espresso machine.

Pharmaceutical distribution is subject to other rules of the game as the trade in electronics, so that change at least in doubt is whether reasonableness consideration provided by the BGH readily can be transferred to prices of drugs. The Supreme Court seems however the technical conditions in the practice so blatantly fail to recognise that it would be a rather optimistic expectation, the jurisprudence could find back with mail-order pharmacies specially on a more pragmatic path. For the time being the Council on pharmacies might be only: either let them be set free from price of any incurred costs and subsequent penalties in case a further infringement What is likely to be rather difficult. But they advertise price changes of the pharmacy only in such price which is the technical interface capable of, live, or”to depict in the price search engine. Even then, the question of whether the appropriate organisational and technical effort is outweighed still by a sufficient use of in price search advertising is 300,000 affected products, however. As already in the affiliate marketing the German courts send himself once again, to sacrifice a common instrument of online marketing on the altar of the protection of competitors and consumers, without the scope of its decision to be possibly ever aware of. More information free of charge and without obligation, contact: medivendis.