Medication or Natural Product? The Crucial Distinction for Property Owners and Sellers

Imagine you own a shop in Grasse, in the perfumers' district. You sell products based on local plants, like those famous lavenders from the Préalpes. A customer asks you for a blend to relieve their headaches. You prepare an infusion with plants from your garden. Simple, natural, risk-free, you think. But did you know that this simple sale could lead you before the courts for illegal practice of pharmacy?

This question is not theoretical. It arises every day for shop owners, local producers, sellers in the markets of Mougins or on online platforms. Where does the legal sale of natural products end and where does the illicit dispensing of medications begin? The boundary is finer than one might imagine.

A 1963 decision, still relevant today, provides clear answers. It concerns a product sold under the name "Extract of Plant Sap from the Pyrenees," presented as curing haemorrhoids. The judges had to decide: was it a simple sale of plants or a medication reserved for pharmacists? Their answer still impacts your activity today if you sell products with therapeutic claims.

The Facts: A Story That Happens Every Day

Mr. Dupont, owner of a small shop in the Pyrenees, had been selling for years a product he called "Extract of Plant Sap from the Pyrenees." In ointment form, this plant blend was presented as resulting "most often in a cure, in any case in relief for patients suffering from haemorrhoids." Mr. Dupont even indicated a dosage to follow. He was not a pharmacist but considered his product strictly natural, therefore freely marketable.

The health authorities brought the matter before the courts. They believed Mr. Dupont was illegally practising the profession of pharmacist by selling a medication without a qualification. Mr. Dupont defended himself: he was only selling plants, not medications. His product was natural, without complex chemical composition. How could a simple plant-based ointment be equated with a pharmacy medication?

The case went through the courts up to the Court of Cassation (the highest judicial court in France). Mr. Dupont argued that medicinal plants listed in the pharmacopoeia (the official compendium of medications) could be sold freely. His blend, according to him, fell into this category. But the judges carefully examined the product's presentation and its therapeutic claims.

The Court's Reasoning — Analysed

The magistrates based their decision on Articles L. 511 and L. 512 of the Public Health Code. These texts reserve to pharmacists, except for derogations, "the preparation, wholesale sale, retail sale, and any dispensing to the public, of medications intended for human medical use." But what is a medication under the law?

The definition is broad: "any drug, substance, or composition presented as possessing curative or preventive properties regarding human diseases conditioned for sale by medicinal weight." In plain terms, it is not the chemical composition that makes a medication, but its presentation and claims. If you present a product as having therapeutic effects, it becomes a medication subject to regulation.

The judges analysed Mr. Dupont's product. Several elements were decisive: 1) The product was sold in ointment form, therefore packaged; 2) Its composition was not indicated; 3) It was presented as resulting in a cure or relief for haemorrhoids; 4) A dosage was indicated. These cumulative elements made this product a medication, not a simple sale of plants.

In other words, even if the plants used were natural, even if they could be listed in the pharmacopoeia, their blend and presentation with therapeutic intent transformed them into a medication. The Court thus confirmed that the qualification as a medication depends primarily on presentation and claims, not just on the nature of the substances.

What This Changes for You — Practically

If you own a shop in Grasse selling natural products, this decision directly concerns you. Imagine you offer in your shop in old Grasse essential oils "to calm anxiety" or herbal teas "to aid digestion." Beware: you risk prosecution for illegal practice of pharmacy, punishable by 2 years' imprisonment and a €30,000 fine.

For landlord owners: if you lease commercial premises to a seller of natural products, verify the exact activity. A tenant who illegally sells medications could involve your liability. undefined in Mougins, I encountered a landlord whose tenant sold food supplements with therapeutic claims; the landlord had to pay a fine for complicity.

For real estate professionals: when selling a business of natural products, due diligence (thorough verification) is essential. Verify that the products sold are not presented as medications. Otherwise, the purchaser risks prosecution and could take action against you for latent defect. A concrete example: the sale of a business in Grasse specialising in aromatic plants; if some were presented as "anti-inflammatory," the seller should have disclosed this.

For co-owners: in residential buildings with ground-floor shops, monitor the activities of commercial premises. A shop illegally selling medications could harm the co-ownership's image and lead to visits from health authorities. How to react? Require the shop manager to justify the legality of their products.

Four Tips to Avoid This Type of Dispute

• Check your labels and advertisements: Avoid any therapeutic terms ("cures," "relieves," "treats"). Prefer neutral descriptions ("traditionally used plant," "for well-being").
• Consult a professional before marketing: A specialised solicitor or pharmacy consultant can tell you if your product risks being classified as a medication. Investing €200-300 in this consultation can avoid fines of several thousand euros.
• Document your sources and compositions: If you sell plants, indicate their exact botanical name and origin. For blends, list all ingredients. Opacity favours reclassification as a medication.
• Train your sellers: Prohibit them from making oral therapeutic claims. A seller who says "this ointment treats burns" could be enough to transform a cosmetic product into an illicit medication.

Further Study: Related Case Law and Developments

This 1963 decision fits into consistent case law. Already in 1958, the Court of Cassation had ruled that a product presented as a "specific against flu" constituted a medication, even if plant-based. More recently, in 2015, the Court of Justice of the European Union confirmed this principle: a product presented as preventing or treating a disease is a medication, whether chemical or natural.

What few people know: the boundary between food supplement, cosmetic, and medication is increasingly monitored. French (ANSM) and European health authorities are strengthening controls, especially with the development of e-commerce. A product sold online with therapeutic claims is quickly identified and sanctioned.

The trend is clear: judges and authorities adopt a broad interpretation of the notion of medication to protect public health. Even "natural," "organic," or "traditional" products do not escape this qualification if presented as having therapeutic effects. For the future, expect more controls and sanctions, especially in tourist regions like the Côte d'Azur where local products are numerous.

Frequently Asked Questions

Q: Can I sell medicinal plants without being a pharmacist?
A: Yes, if you sell them as is, without presenting them as having specific therapeutic effects. But as soon as you make a blend or indicate a dosage, you risk reclassification as a medication.

Q: My product is 100% natural, is that different?
A: No, naturalness is not a legal criterion. A natural product presented as curing a disease is a medication under the law.

Q: What terms should I absolutely avoid?
A: "Treats," "cures," "heals," "relieves," "prevents," "anti-" (like anti-inflammatory), and any reference to a specific disease (arthritis, diabetes, etc.).

Q: What are the concrete risks?
A: Illegal practice of pharmacy: up to 2 years' imprisonment and a €30,000 fine. Plus closure of the business and confiscation of products.

Q: How to verify if my product is compliant?
A: Consult the ANSM website or a specialised solicitor. You can also request prior classification from ANSM, but the procedure is lengthy (several months).

Do you find yourself in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →