Poland’s Ministry of Health published draft regulations to organise the rules for pharmacy advertising in Poland, removing the absolute ban on this advertising.
The move follows the 19 June 2025 EU Court of Justice (CJEU) judgment (Case C-200/2024), which ruled that Poland’s absolute ban on pharmacy advertising was incompatible with EU law.
Under the new draft regulations, pharmacies can advertise within clearly defined limits. According to the draft, pharmacy advertising cannot:
- Use the image or voice of well-known individuals, scientists, or persons with medical qualifications (or suggest such an education), nor refer to their recommendations;
- Address children or adolescents under 18 years, contain elements aimed at them, or use their images or voices;
- Employ prohibited comparative advertising;
- Suggest that not availing of the advertised offer will worsen or prevent improvement of health;
- Mislead, cause fear, or exert pressure on patients to use services or make purchases;
- Contain content that is contrary to the law or good practice;
- Violate professional secrecy or the principles of ethics and deontology of the pharmacy profession; and
- Combine advertising messages with information unrelated to pharmacy activities.
Under the proposed rules, pharmacy advertising cannot offer any benefits (directly or indirectly) in exchange for purchasing products (e.g. medicines, medical devices, foods for special medical purposes, or other items available in pharmacies), using services or programmes provided by the pharmacy, or in exchange for providing proof of purchase. This includes loyalty and promotional practices that encourage attachment to a specific pharmacy or encourage excessive purchasing, such as loyalty programmes and conditional discounts (e.g. for receipts or spending thresholds).
Under the new proposed rules, the maximum fine for violations will increase from PLN 50,000 to PLN 100,000 (approx. EUR 24,000).
The draft also bans advertising non-pharmacy retail outlets regarding their activities related to medicinal products, medical devices, or foods for special medical purposes.
The draft has been under public consultation since 12 December 2025 (for 21 days) and is scheduled to come into force 14 days after its publication. The current wording, however, may still change since this is the initial stage of the legislative process, which sometimes lasts several months.
For more information on regulations governing pharmacy advertising in Poland, contact you CMS client partner or the CMS experts who wrote this article.
