No EU Ban On Direct Selling Of OTCs

The new European Union (Parliament and Council) Directive on theProtection of Consumers in Respect of Contracts Negotiated at a Distance contains no direct prohibition on distance selling of over-the-counter medicines, although national bans will be tolerated, notes the European Proprietary Medicines Manufacturers Association (AESGP).

The Directive states: "whereas a member state may ban, in the general interest, the marketing on its territory of certain goods and services through contracted negotiated at a distance; whereas that ban must comply with Community rules; whereas there is already provision for such bans, notably in regard to medicinal products under Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administration active in member states concerning the pursuit of television broadcasting activities and Council Directive 92/28/EEC of March 31, 1992 on the advertising of medicinal products for human use."

Article 14 reads: "Member states may introduce or maintain, in the area covered by this Directive, more stringent provisions compatible with the Treaty, to ensure a higher level of consumer protection. Such provisions shall, where appropriate, include the prohibition, in the general interest, of the marketing of certain goods or services, particularly medicinal products, in their territory by means of distance contracts, with due regard for the Treaty."