“Morning-after pill” is still only available in pharmacies after consultation
Published: Wednesday, Nov 13th 2024, 14:31
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In future, the morning-after pill may only be dispensed in pharmacies after a specialist consultation with the pharmacist. The Federal Supreme Court has dismissed the appeals of the marketing authorization holder.
The latter had demanded the allocation of its two preparations to a pharmaceutical category that would have allowed them to be sold in drugstores after a specialist consultation. The Federal Supreme Court announced the dismissal of the appeals on Wednesday.
Expertise mandatory
It came to the conclusion that the consultation with a medical professional was still necessary to protect the user. On the one hand, this discussion serves to clarify whether a preparation is suitable for the respective user and, if so, which one. This is not always the case in the case of pre-existing conditions and the use of other medications.
On the other hand, the consultation serves to provide information about undesirable effects and how to deal with them so that the preparations can prevent pregnancy. The simultaneous use of the preparations or a reduced effect of other hormonal contraceptives can also promote pregnancy, emphasizes the Federal Supreme Court.
The Federal Supreme Court ruled that pharmacists have the necessary pharmaceutical expertise due to their pharmacy studies, which druggists lack.
Other delivery categories
The marketing authorization holder had demanded a prescription-free dispensing after a consultation in the drugstore. She had previously failed with corresponding complaints before the Federal Administrative Court.
The background to this is the revision of the Therapeutic Products Act in 2019, which abolished dispensing category C. Both preparations approved in Switzerland as the "morning-after pill" had been classified in this category since 2002 and 2016 respectively.
According to this classification, the preparations were not subject to prescription, but could only be dispensed in pharmacies after prior consultation with a pharmacist. This was also a prerequisite for their approval on the Swiss market.
Due to the revision of the Therapeutic Products Act, the regulatory authority Swissmedic classified the preparations in category B of prescription-only medicines, which may continue to be dispensed without a prescription after a specialist consultation in the pharmacy.
For its part, the marketing authorization holder had requested that its pills be classified in category D. This allows them to be dispensed without a prescription after a consultation in the drugstore. However, in its ruling published on Wednesday, the Federal Supreme Court confirmed Swissmedic's decision.
Judgments of October 15, 2024 (2C_69/2023, 2C_72/2023)
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