Federal Court of Justice ruling: Why over-the-counter, pharmacy-only drugs will disappear on Amazon in the future

📌 A groundbreaking verdict with far-reaching consequences

A recent ruling by the Federal Court of Justice (BGH, file no. I ZR 222/19 & I ZR 223/19) is causing profound changes in online trade with pharmacy-only products — even if they are available without a prescription. Particularly affected: German mail-order pharmacies that sell via platforms such as Amazon.

From April 28, 2025, corresponding products may no longer be offered on Amazon — a step that will fundamentally change online sales in the pharmaceutical industry.

🔍 What has the Federal Court of Justice decided?

The Federal Court of Justice clarifies in its verdict: Even when buying over-the-counter but pharmacy-only products, so-called health-related data. These include:

• First name and last name
• residential address
• Product selected

This information is loud General Data Protection Regulation (GDPR) under a particularly sensitive area of protection. The consequence: Without express, informed consent The customer may no longer legally sell to process this data.

⚠️ Amazon as a platform: Technically unprepared

A key issue: Amazon does not currently offer any option, to obtain GDPR-compliant consent to process health-related data during the ordering process. This applies to both the desktop and app versions of the platform.

Legal linchpin: The responsibility lies not with Amazon, but at the respective pharmacieswho sell their products there. Anyone who continues to sell despite the verdict risks sensitive Administrative fines of up to 250,000 euros.

🛑 Which products are specifically affected?

The regulation covers a wide range of products, including many everyday medicines:

• pain relievers (e.g. ibuprofen, paracetamol)
• Gastrointestinal remedy
• cold medicines
• allergy tablets
• Skin creams with specific active ingredients

Although over-the-counter, it requires pharmacies — and therefore now prohibited for sale via Amazon in Germany.

🔁 A déjà vu for retailers: The case of biocidal products

It had a similar effect before biocidal products Hit hard. Here, too, traders were severely restricted as a result of regulatory changes. Among others, the following were affected:

• Disinfectant for hands, surfaces or air
• insect repellents and sprays
• mold remover
• Products with silver ions
• Rat poison and ant bait

The parallel: Here, too, stringent regulatory requirements led to the loss of important sales channels in the online sector.

📉 Massive effects on pharmacies and the market

🔺 loss of important sales channels

Online marketplaces such as Amazon have become an essential part of their digital sales for many pharmacies. The elimination of this platform means a significant cut in sales potential.

🔺 Competitive disadvantage compared to foreign providers

Particularly annoying: Foreign mail-order pharmacies — for example from the Netherlands — are not affected by this German regulation as long as they do not sell via Amazon Germany. This results in a Competitive imbalance within the EU single market.

🔺 Value creation migrates abroad

With the restriction of German providers, a significant proportion of Value chain lost, as customers then order their medicines from foreign suppliers — often without knowing that there are other data protection standards.

🔺 Restricted product selection for consumers

The ruling also means restrictions for consumers: The selection of over-the-counter, pharmacy-only products on Amazon is being massively reduced. Quick delivery options and price comparisons are becoming more difficult.

📌 A verdict with a signal effect

The Federal Court of Justice ruling is a turning point in online trade with pharmacy-only products. It shows how closely data protection and e-commerce are intertwined — and how a lack of technical requirements on platforms such as Amazon leads to real, economic consequences.

Mail order pharmacies are now required to expand alternative sales channels, while consumers must prepare for noticeable changes in online shopping. Another chapter in the area of conflict between digital trade, consumer protection and European competition.

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