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The CEO of Switzerland’s largest mail order pharmacy has to answer for controversial business practices.
The business practices of the Frauenfeld mail order pharmacy “Zur Rose” have repeatedly occupied the authorities and the courts over the past ten years. In 2014, the Thurgau Administrative Court concluded that the “Zur Rose” business model was permissible. The federal court overturned that sentence a year later.
Now, the head of the Thurgau company, Walter Oberhänsli, has to answer to the Frauenfeld district court from Tuesday. According to the indictment, the defendant “as CEO is responsible for the mail order business model of certain pharmaceutical products.” Obergehsli is accused of violating the Therapeutic Products Act and the Unfair Competition Act.
In the years 2011 to 2015, it is said that “Zur Rose” sent medications to clients who requested them without having correctly filled out the medical prescription required by the Therapeutic Products Law. According to the indictment, there are around 143,000 orders totaling more than seven million francs.
Controversial pay
Patients who requested medication had to complete a health questionnaire. However, because there was no personal contact between patients and doctors, according to the indictment, the legal requirements were not sufficiently met. The information provided by customers in the forms has not been verified.
It is also said that “Zur Rose” violated the Therapeutic Products Law by paying a remuneration to doctors. According to the indictment, around 6,400 doctors received a total of more than eight million francs in compensation between 2010 and 2014. These were paid when doctors presented an electronic prescription instead of a handwritten prescription.
Pharmacists Association as plaintiff
The current process also dates back to a criminal complaint from the Association of Swiss Pharmacists PharmaSuisse. The association and the Swiss Agency for Therapeutic Products, Swissmedic, appear as plaintiffs in addition to the prosecution. In addition to criminal law issues, a claim for compensation against the mail order pharmacy must also be verified.