Coupon advertising
for
prescriptions.
Coupon advertising
for
prescriptions.
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Are pharmacies allowed to advertise prescription medicines with cash bonuses, discounts, vouchers or coupons? And what applies if the shipment is made from abroad?
Mail order pharmacy voucher
The starting point was a Dutch mail-order pharmacy that had been attracting attention with various bonus campaigns for over ten years. Customers sometimes received a cash bonus of up to 20 euros per prescription, sometimes a hotel voucher or free ADAC membership, and sometimes a discount voucher for their next purchase. Several German chambers of pharmacists saw this as a clear violation of fixed prices for prescription medicines and have been taking legal action against this since 2013 with injunctions. The Dutch pharmacy, in turn, later demanded compensation and argued that the court injunctions were unfounded from the outset because its actions were legally permissible.
As a result, the dispute – after a long procession of instances – finally ended up at the Federal Court of Justice. This court not only had to clarify what types of advertising benefits pharmacies are actually allowed to grant, but also how courts should deal with the fact that the pharmacy involved is governed by Dutch law, while the advertising effect occurs in Germany.
Background
The Therapeutic Products Advertising Act generally prohibits the offering, announcing or granting of benefits or other promotional gifts in connection with the advertising of medicinal products. Benefits or promotional gifts in the form of a specific amount of money or an amount to be calculated in a specific way may be exempt from this principle, provided that there is no violation of the price regulations of the Medicinal Products Act.
The decision of the Federal Court of Justice
With its Decision on voucher advertising from 06.11.2025 – Ref. I ZR 182/22 the Federal Court of Justice once again clarified where the boundaries of permissible advertising campaigns in connection with medicinal products lie. The Federal Court of Justice took the opportunity to answer several fundamental questions.
Foreign law
First of all, he clarified that courts may not simply adopt foreign law in cross-border cases just because the parties agree. Even if both sides present the same arguments, the court must determine the foreign law independently. The Senate emphasized that this is an obligation, not a mere possibility. In the specific case, the Court of Appeal had breached this duty because it had relied solely on the parties’ submissions on Dutch pharmacy law.
Advertising benefits
At the heart of the case, however, was the question of what types of advertising benefits are permitted under the law on the advertising of medicinal products. The Federal Court of Justice drew a clear line here. A “bandwidth premium”, i.e. advertising with a range such as “at least 2.50 euros, up to 20 euros per prescription”, is inadmissible. The range is too vague and allows consumers to be unfairly influenced. According to the court, vouchers or percentage discounts that do not take effect immediately, but only on a later purchase, also violate the law on the advertising of medicinal products. The decisive factor is that the benefit is not directly linked to the current purchase of the prescription medicine.
However, the situation is different if the discount or credit is applied immediately to the current order – for example as a direct price reduction or cash discount. Such direct price advantages can fall under the legal exception for “monetary amounts”, which is expressly provided for in the law on the advertising of medicinal products. A voucher that can be redeemed at a later date, on the other hand, is not such a monetary benefit, but merely an advertising measure with an unobjective incentive effect.
Accordingly, the Federal Court of Justice assessed the individual advertising campaigns differently: three of the dispositions complained of were justified from the outset – and therefore not a case for compensation. These included the bonuses with a bandwidth, the promotion to friends with a hotel voucher and ADAC membership and the voucher for the subsequent purchase of over-the-counter products. In two other cases, however – namely an immediate 10-euro discount and a 5-euro advantage granted directly – a claim for damages was conceivable because these discounts had an immediate effect and could therefore be permissible.
Significance for practice
For pharmacies, especially mail-order pharmacies, the ruling has significant practical consequences. Anyone wishing to advertise with bonus promotions must make a very precise distinction as to whether the price advantage takes effect immediately or only later. Only a discount that applies directly to the current purchase or when the prescription is redeemed can be legally permissible. Anything that is only redeemed with the next purchase or in the form of a voucher remains taboo. Benefits in kind such as hotel stays or club memberships are also inadmissible because they are not directly related to the purchase of the medicine.
Marketing managers should therefore formulate their advertising statements with particular precision. General formulations such as “up to 20 euros per prescription” are not only imprecise, but also expressly prohibited by case law. At best, a clear statement such as “10 euros will be deducted from the invoice amount immediately” is permissible if this discount is actually applied to the current order.
The procedural aspect of the decision is also noteworthy: Anyone involved in cross-border mail order business should be prepared for German courts to examine the foreign law independently. It is therefore not sufficient to rely on undisputed party submissions or to submit legal opinions – the court must determine the relevant provisions itself. This increases the effort involved, but ensures greater legal certainty.
Conclusion
With its decision on voucher advertising, the Federal Court of Justice has determined which bonus and discount campaigns for pharmaceuticals are permissible and which are not.
Undetermined premiums and downstream vouchers are taboo, but direct price reductions remain possible. The ruling thus reinforces the principle that the price of prescription drugs may not be undermined by marketing measures.
At the same time, the Federal Court of Justice admonishes the courts to work carefully and independently in international matters.
For pharmacies, this means that less is often more when it comes to advertising. Clear, immediately effective price discounts are permitted – anything else can lead to cease and desist letters and thus become expensive.
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