After the United States, can Amazon deploy its online pharmacy service in Europe?

Amazon's empire is expanding with the launch in the United States of an online pharmacy where you can buy prescription drugs. If the American giant positions itself in this new market, Europe would block it by stringent legislation.

"The traditional players in the pharmacy plunge into the stock market," explained the site La Tribune two days ago. A fall can be explained by the arrival on the market of a new player, synonymous with a severe competitor: Amazon. The e-commerce site is indeed launching the sale of prescription drugs online. A unique string to its bow, the implementation of which is currently only announced in the United States. 

This announcement illustrates the company's diversification, which is now extending its influence to new areas of activity. However, if the establishment of these virtual pharmacies is imminent across the Atlantic, it seems much more challenging to imagine Amazon establishing this offer in Europe. The legislation is, in fact, firmly opposed to it, despite recent bills discussed in the Assembly.

A binding legal framework

For Amazon to be able to launch such a service in Europe, legislative changes would be essential. As it stands, the sale of drugs is indeed very regulated, whether they are with or without a prescription. The National Order of Pharmacists is apparent and reminds us that offering prescription drugs online is prohibited. The online trade of those without a prescription is only authorized for "pharmacists established in Europe, holders of a dispensary pharmacy or managers of a mutualist pharmacy or a mining emergency pharmacy." The Order also adds that before opening "an online drug store,

Therefore, Amazon cannot envisage anything and is only entitled to distribute generic pharmacy products, which it does not fail to do on its site. A legislative framework, which Numerical stresses that it could one day be altered. Indeed, "the former Prime Minister Édouard Philippe thus suggested in March 2019 to relax the sale of drugs on the web, to create a favourable dynamic on prices, for the benefit of the public". He then judged "the conditions for the online sale of drugs in our country appear too restrictive." 

The Asap simplification bill thus provided in its first version to remove the need for an authorization issued by the ARS and to broaden "the perimeter of possible places" to carry out online sales. This desire displayed last year was reflected in a text proposed in February. Pharmacists were then stepped up, opposing such measures. 

Their mobilization ended up paying off since, at the beginning of March, "the senators and the government reached a consensus making the controversial notion of platform disappear, " reported the generic pharmacy website rxshopmd. One way to keep Amazon and other potential players away from this market while ensuring tighter control over drug delivery. 

In summary, it is therefore impossible today to imagine Amazon selling drugs on its site in Europe. Whether with or without a prescription. While the government has attempted to broaden the regulatory framework for online drug sales, the legislation remains very restrictive for the time being, reserving this right to pharmacists only.

Only drugs delivered without a prescription are authorized for online sale, and websites selling these drugs must rely on a pharmacy with a storefront in France. The pharmacy manager who wishes to create an e-commerce site must request authorization from the director of the Regional Health Agency.

Other rules govern the sale of drugs online, authorized since 2012. The products must, in particular, be presented "in an objective, the clear and not misleading way." The pharmacist is also required to offer lower prices than in his pharmacy (the delivery costs are nevertheless added).