The pharmacy is one of the few points of sale where what you can display and how you can advertise it is limited by law. The line between «medicine» and «parapharmacy» determines what’s legal to show to the public — and crossing it can cost a penalty. Knowing the line isn’t bureaucracy: it’s what lets you design POS that is both powerful and compliant.
This guide summarises the framework governing advertising at the pharmaceutical point of sale. At Atamark we’ve been manufacturing pharmacy POS for 14 years and we always design within what the regulations allow.
⚠️ Disclaimer: this article is informational, not legal advice. Regulations evolve and their interpretation depends on the case. Before any specific action, verify the regulations in force and consult your regulatory adviser or pharmacists’ professional body.
1. The mother rule: a medicine is not parapharmacy
The whole framework turns on one distinction: is the product a medicine or not. Advertising medicines to the public is heavily regulated across the EU by Directive 2001/83/EC (the Community code relating to medicinal products for human use). What is not a medicine —cosmetics, dermocosmetics, medical devices, food supplements, hygiene— is governed by its own, far more permissive, communication rules.
So before designing any POS, the first question is always: what am I displaying, legally?
2. Prescription medicines: advertising to the public is prohibited
Medicines subject to medical prescription cannot be advertised to the public. It’s a clear prohibition (Directive 2001/83/EC, art. 88, transposed by each member state). In practice, this means there can be no consumer-facing POS promoting a prescription medicine: no display, no poster, no hook. Communication of these products may only target healthcare professionals, through specific channels.
3. Non-prescription medicines (OTC): allowed, with conditions
Medicines not subject to prescription and not reimbursed do allow advertising to the public, but under strict conditions:
- The message must be truthful, not misleading and identifiable as advertising.
- It cannot suggest the product cures with certainty, has no adverse effects, or is superior to a treatment.
- It cannot target children exclusively or improperly use testimonials from professionals or celebrities.
- In some countries, the advertising message is subject to prior authorisation or control by the health authority.
For POS this means: yes, you can build a display for an OTC cold & flu product or a public analgesic, but the message content must respect these rules. The design is free; the claim is not.
4. Parapharmacy, dermocosmetics, devices and supplements: freedom (with nuances)
This is the bulk of pharmacy POS, and where there is freedom of brand communication. But each category has its own rule:
- Cosmetics and dermocosmetics (EU Regulation 1223/2009): brand freedom, but no attributing therapeutic or curative properties. A cream «moisturises», it doesn’t «cure».
- Medical devices (EU Regulation 2017/745, MDR): must carry CE marking; claims must match the intended purpose.
- Food supplements (Directive 2002/46/EC): cannot claim to prevent, treat or cure diseases; health claims must be authorised.
In short: in parapharmacy you can foreground the brand, create experience and communicate strongly, as long as you don’t turn a cosmetic or a supplement into a fake medicine.
5. Cross-cutting rules of pharmacy POS
- Don’t encourage irrational consumption of medicines.
- Don’t blur categories: POS must not pass off a cosmetic or supplement as a medicine.
- Visual separation between the medicine dispensing area and the open-sale area.
- Identifiable as advertising when it is.
6. Summary table: what you can display
| Category | POS to public? | Key |
|---|---|---|
| Prescription medicine | No | Advertising to public prohibited |
| OTC medicine | Yes, with conditions | Regulated claim, not misleading |
| Dermocosmetics / cosmetics | Yes | No therapeutic claims |
| Medical device | Yes | CE marking, claim per intended use |
| Food supplement | Yes | No cure claims; authorised health claims |
📖 Once it’s clear what you can display, choose the format: Types of POS displays for pharmacy →
Reference legal framework
- European Union: Directive 2001/83/EC (Community code relating to medicinal products for human use), Title VIII on advertising.
- National level: each member state transposes the directive (e.g. Spain: RD 1416/1994 and RDL 1/2015, overseen by AEMPS; France: Code de la santé publique, overseen by ANSM).
Specific regulations and their interpretation evolve; this summary does not replace the legal verification of each action.
Frequently asked questions
Can I make a display for a non-prescription medicine?
Yes. Non-prescription (OTC) medicines allow consumer-facing POS, provided the message is truthful, not misleading, identifiable as advertising and doesn’t claim absolute safety or efficacy. In some countries prior authorisation may be required. The design is free; the claim is regulated.
Why can’t I promote prescription medicines on the shelf?
Because EU and national rules prohibit advertising prescription medicines to the public. Their communication may only target healthcare professionals. Any consumer-facing POS for these products would be illegal.
Can a dermocosmetics cream say it «cures»?
No. Cosmetics cannot claim therapeutic or curative properties; that would legally turn them into medicines. They can communicate cosmetic benefits (moisturise, protect, improve appearance), but not cure diseases.
We design your pharmacy POS within the rules
At Atamark we know the pharmacy channel’s rules and design POS that is both powerful and compliant: we foreground what can be foregrounded and avoid what can’t. Tell us which product you want to display and we’ll propose a solution that sells without crossing the regulations.
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