justice ruled on the morning after pill

The “morning after pill” can only be given in pharmacies and on the advice of the pharmacist. The Federal Court confirms Swissmedic’s decision on the classification of this therapeutic product and rejects the appeals of the distributor who wanted the sale in drugstores to be authorized.

The two products authorized in Switzerland were classified in category C until the revision of the law on therapeutic products in 2019, explains the Federal Court in a judgment published on Wednesday. This category, deleted with the revision, brought together medicines which did not require a prescription but which were sold in pharmacies and after an advice session with a pharmacist.

Swissmedic has placed the two preparations in the category of products requiring a prescription (B) but which can continue to be dispensed without a prescription in pharmacies and on the advice of the pharmacist. On the contrary, the marketing authorization holder wanted the pills to be sold in drugstores, always with specialist advice.

Protect the user

For the Federal Court, Swissmedic’s decision must be confirmed. The advice of a doctor or pharmacist is necessary to protect the user. The interview aims on the one hand to determine which preparation is appropriate taking into account possible pre-existing illnesses, predispositions, interactions with other products or contraindications.

On the other hand, the advice provides information on undesirable effects and how to deal with them so that the preparation has the desired effect, namely preventing pregnancy and not promoting it due to the effects on other contraceptives. hormonal.

Only an interview with a professional makes it possible to identify, individually for each user and with full knowledge of the facts, the risks and the appropriate nature of the treatment as well as to provide information on interactions with other medications and on adverse effects, concludes. the 2nd Court of Public Law. (judgments 2C_69 and 72/2023 of October 15, 2024) (nda/ats)

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