German Federal Court of Justice Confirms Ban on Advertising Medical Cannabis to Consumers: Information Yes, Advertising No

In its judgment of 26 March 2026 (Ref.: I ZR 74/25), the German Federal Court of Justice (BGH) clarified that advertising prescription-only medical cannabis to consumers remains prohibited. Prescription-only medicines may be advertised only to physicians, pharmacists, or pharmaceutical wholesalers, but not to patients.

Background

The defendant, Bloomwell, operates an online platform through which patients can book appointments with participating physicians for medical cannabis treatment. The platform listed various conditions for which medical cannabis therapy might be considered and allowed patients to submit treatment inquiries directly to the participating physicians.

The claimant, an association for the protection of fair competition, argued that this constituted unlawful advertising to the general public for prescription-only medical cannabis and sought injunctive relief. While the Regional Court initially dismissed the claim, the Higher Regional Court of Frankfurt am Main partially upheld it. The Federal Court of Justice ultimately confirmed the prohibition on the disputed advertising.

Prohibition of Advertising Prescription Medicines to Consumers

In the view of the Federal Court of Justice, this amounted to advertising for a prescription-only medicinal product. Such advertising poses the risk that consumers might use the product for the listed conditions without proper medical supervision, misuse it, or specifically seek a prescription. This was deemed a violation of Section 10(1) of the German Medicines Advertising Act (HWG).

The Court also agreed with the Higher Regional Court of Frankfurt that medical cannabis qualifies as a prescription-only medicine within the meaning of Section 3(1) of the Medical Cannabis Act (MedCanG). At the same time, the Court clarified that the provision of factual and comprehensive information – for example, a full reproduction of officially approved product information – remains generally permissible. In the present case, however, the platform did not remain neutral. Instead, it highlighted the benefits of cannabis therapy and encouraged patients to inquire about treatment with the participating physicians, crossing the line into impermissible advertising.

The Federal Court of Justice emphasized that advertising for prescription medicines is prohibited in Germany regardless of whether specific products or manufacturers are named. Advertising that refers to an entire product category – here, medical cannabis – may still constitute unlawful advertising if it is likely to stimulate demand for such medicines. 

Legal Framework Remains in Place

Despite the decriminalization of cannabis for medical purposes and the removal of the advertising prohibition under Section 14(5) of the German Narcotics Act (BtMG), the ban on public advertising for prescription-only medicines under the German Medicines Advertising Act remains in effect, including for medical cannabis. The Federal Court of Justice underscored that Section 10(1) HWG continues to apply without limitation and is compatible with EU law. Article 86(1) of Directive 2001/83/EC relating to medicinal products for human use sets only minimum standards, meaning that stricter national regulations are permissible. The Court left open the question of whether the Directive is directly applicable in this specific case, as the stricter national rules apply in any event. 

Implications of the Judgment

Digital health platforms that facilitate or arrange access to prescription-only cannabis fall within the scope of the German Medicines Advertising Act, regardless of whether they position themselves merely as information providers or intermediaries.

This decision continues the Federal Court of Justice’s consistent line of case law on advertising to consumers. In particular, it reflects the Court’s broad interpretation of “product-related advertising” under Section 1 HWG, as previously set out in the PAYBACK decision (judgment of 17 May 2025 – I ZR 43/24 - see our post dated 24 July 2025 here). The judgment confirms that these standards apply without limitation to medical cannabis. Under this broad interpretation, any presentation of prescription medicines to consumers in an advertising style is generally prohibited, even if neither product names nor active ingredients are mentioned. Purely factual and neutral information about treatment options may be permissible, provided it is not intended to promote the sale or use of medical cannabis.