Introduction
Nowadays, online shopping has become an integral part of daily life for a growing segment of the population.
Inevitably, medicines are among the products increasingly purchased online - a trend that has driven the rapid growth of online pharmacies (the “E-Pharmacies”) in Egypt over the past few years.
Despite this surge, there is currently no specific Egyptian legal framework governing E-Pharmacies, raising questions around compliance, patient safety, and oversight.
This article briefly explores whether the operation of E-Pharmacies gives rise to legal concerns or considerations under existing Egyptian legislations, and highlights the position adopted by the relevant authorities in this regard.
Background
E-Pharmacies refer to the electronic sale and purchase of medicines through online platforms (i.e., mobile applications and websites).
In addition, E-Pharmacies generally operate in two main forms (the “Categorisations”):
Legal Perspective
Pharmaceutical-related legislations in Egypt were enacted long before the rise of e-commerce. As a result, neither of the E-Pharmacies’ Categorisations is explicitly regulated under Egyptian law. This regulatory gap gives rise to several potential legal risks, including, without limitation, the sale of medicines without a license, dispensing prescription medicines without a valid prescription, selling unregistered or counterfeit products, and dispensing narcotics without a prescription (“Risks”).
It is worth noting that, although a Licensed Pharmacy Platform may be viewed as a digital extension of a licensed street pharmacy, both E-Pharmacies Categorisations may still give rise to such Risks.
Against this background, the key concerns associated with E-Pharmacies under the current Egyptian regulatory framework are outlined below (the “Concerns”) :
Commercialising medications in Egypt must be carried out by a pharmaceutical institution, which is exclusively defined under Egyptian law as, for instance, licensed pharmaceutical manufacturers, distributors, and pharmacies.
While a Licensed Pharmacy Platform represents a digital extension of a licensed street pharmacy, an Intermediary Platform does not qualify as a pharmaceutical institution under the law, nor does it act on behalf of one. Accordingly, Intermediary Platforms are not legally authorised to sell medications to the public.
Medicines must be sold by, and under the supervision of, a licensed pharmacist. However, due to the absence of official regulatory supervision over the electronic activities of Licensed Pharmacy Platforms, it is not always guaranteed that medicines are dispensed under the supervision of a licensed pharmacist.
Prescription medicines may only be dispensed upon verification of a valid prescription by a licensed pharmacist. It is worth noting that such medicines must, in the first place, be sold against a valid medical prescription.
While some Licensed Pharmacy Platforms implement prescription authentication mechanisms prior to dispensing, it remains unclear whether such mechanisms are consistently reviewed and approved by licensed pharmacists. Moreover, the electronic activities of Licensed Pharmacy Platforms are not yet subject to the same level of regulatory oversight as street pharmacies, given the absence of a dedicated regulatory framework.
Marketing a medication includes, among other things, displaying its trade or generic name through promotional material accessible to the public.
Licensed Pharmacy Platforms routinely list the trade names of medications for users, an activity that constitutes promotion and typically requires prior approval or alignment with the relevant governmental authorities, including the Egyptian Drug Authority. In practice, such prior alignment may not always be obtained.
Over the past few years, the Pharmacists Syndicate (the “Syndicate”) has taken several legal actions, based on applicable laws, against various E-Pharmacies for alleged violations and potential risks associated with the online sale and promotion of medications.
Following a complaint filed by the Syndicate before the Public Prosecution regarding the online sale of medications, a notable judgment was issued in 2021 against the Sehtak application, resulting in the imposition of a fine and closure of the application.
More recently, however, the Cairo Economic Court issued a landmark decision in favour of Vezeeta, after the platform successfully demonstrated compliance with the applicable laws and due consideration for the associated Risks and Concerns.
Conclusion
E-Pharmacies reflect the inevitable intersection between technology and healthcare. While they are not inherently problematic, the current regulatory gap, highlighted above, necessitates careful consideration to safeguard public health.
Although some street pharmacies, may, in practice, commit any of the identified Risks, the likelihood of such violations is significantly higher in the context of online medication sales, where proper supervision is still lacking.
Ultimately, the goal is not to resist technology that undoubtedly make people’s lives considerably easier. Rather, the aim is to establish clear governance that prevents this convenience from turning into a threat, particularly when peoples’ lives are at stake. Such governance may take the form of enacting new legislation specifically addressing E-Pharmacies or updating existing laws to keep pace with the unavoidable presence of digitalisation. This is a development we are likely to witness in Egypt in the near future, as the competent authorities have been noticeably attentive and responsive to digital transformation within the pharmaceutical sector.
Authored by Fagr Muheb, Senior Associate and Youssef Ahmed, Junior Associate. This piece reflects our continued commitment to providing thoughtful insights on emerging legal and business developments.
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of ADSERO. This article is intended for general information purposes only and should not be considered or relied on as legal advice. Readers are encouraged to consult with a qualified attorney for specific legal guidance. ADSERO does not guarantee or warrant the accuracy, completeness, or adequacy of the information provided and accepts no liability or responsibility for any errors or omissions in the content.
