The Paris Court of Appeal upheld the first instance decision, which ordered eNova santé to cease the activity of selling medicines on its 1001pharmacies website.
In the context of the litigation opposing the National Council of the Order of Pharmacists (CNOP) to the commercial company eNova Santé, the Paris Court of Appeal has ruled! It has just confirmed the first instance decision, which ordered eNova santé to cease the electronic sale of drugs activity on its website www.1001pharmacies.com.
“The Court of Appeal confirmed in all points the order of the TGI”, wrote the CNOP in a press release. Recalling the provisions of the Public Health Code, the Court in fact deduced “that only pharmacists can offer medicines for sale, that online pharmacy is only the natural extension of the traditional dispensary and that any person who collects personal health data must be approved ”. The Court also notes that “the legislator prohibits any interference by third parties in the relationship between patient and pharmacist”.
Risks for patients
And this is precisely the role played by the 1001pharmacies.com site, which, through a service called “Drug delivery”, actually offered patients the opportunity to order drugs online, including prescription drugs. However, eNova Santé is not a pharmacy, and none of its managers is registered with the Order of Pharmacists. She used pharmacies to fulfill her orders.
For this reason, the Court considered that “the company eNova Santé flagrantly violates the provisions relating to the sale of medicinal products, the electronic commerce of medicinal products, and those regulating the storage of health data, provisions intended to protect the health of the patient. public ”. This constitutes a manifestly unlawful disorder which the summary judge must put an end to, ”she explains. As a result, the 1001pharmacies.com site will not be able to resume its activity.
Contacted by Why actor, the president of the CNOP, Isabelle Adenot, recalls the problems of responsibility posed by the presence of intermediaries in the relationship between patient and pharmacist on the Internet. She cites in particular the thorny problem of studies of contraindications, that is to say when one drug does not go with another.
“They are difficult to do on the Internet, especially when there are several pharmacies for the same prescription, which was the case with 1001pharmacies.com, explains the president. The sale of drugs on the Internet is possible, it is even legal, but not just any old way, ”concludes Isabelle Adenot.
Isabelle Adenot, President of the CNOP: ” On this site, theInternet users believed that studies of contraindications had been carried out. But in reality, they were not… “
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