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The green cross is a prerogative of pharmacies

The Municipality can legitimately prohibit the use of parapharmacies

The story

A provincial association of pharmacy owners turned to the Tar to obtain that the Municipality be sentenced to conclude the administrative procedure by adopting a measure to remove the green cross used by a parapharmacy as an advertising sign, as it is emblematic in the collective imagination, of pharmacies.

The right

The legislator established that, in order to allow citizens immediate identification of pharmacies operating within the National Health Service, the use of the name "pharmacy" and the green cross, on any paper, electronic or other type, is reserved for pharmacies open to the public and hospital pharmacies. By reserving the right to use the specific symbology to pharmacies only, the law determines its illegitimate adoption by parapharmacies.

Epilogue

The municipal body has the obligation to prohibit the use of the signs in question and to order their removal, both due to the duty of vigilance in the implementation phase of the authorization issued for the exercise of the activity, and due to the duty to repress all forms of unauthorized use of advertising systems.

[Adv. Rodolfo Pacifico – www.dirittosanitario.net]     June 23, 2011

Tar Calabria - 13.06.2011

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Fedaiisf Federazione delle Associazioni Italiane degli Informatori Scientifici del Farmaco e del Parafarmaco