Prescription requirement for the use of human non-prescription homeopathic remedies in animals is unconstitutional

ECHAMP welcomes the ruling in September by the First Senate of the Federal Constitutional Court of Germany that the newly introduced provision requiring a vet’s prescription for the use of registered, non-prescription human homeopathic remedies in animals other than livestock is a violation of basic constitutional law.

The new legislation took effect in January this year, before which the use of any human non-prescription medicinal product by a lay person was permitted without restriction in animals other than livestock (mainly dogs and cats, but also horses and some other pets). The new clause dictated that such medicines could only be used if prescribed  or dispensed by a veterinarian. The Constitutional Court has now ruled that this measure is neither justified nor proportionate under constitutional law and violates both the occupational freedom of those homeopathic practitioners who work with such animals and also the general freedom of action of those who use these treatments on their own pets. As a result, pet owners and specialist practitioners may once again administer non-prescription homeopathic medicinal products to their animals.

ECHAMP believes this outcome to be balanced and proportionate, in particular given the high safety profile of these products.