Medicines and supplements

Human Medicines

The Medicines Act 1968 governs the manufacture and supply of medicine for human consumption. There are three categories:

• Prescription Only medicines (POM) can be sold by a pharmacist if prescribed by a doctor.
• Pharmacy medicines (P) may be sold by a pharmacist without a prescription.
• General sales list medicines (GSL) may be sold without a prescription in any shop.

Possession of Prescription Only medicines without a prescription is a serious offence. Link to the Act: [1]

The electronic medicine compendium has a database of medicines, including which category each one falls into.

Should we allow medicines for human consumption to be offered on our communities?

The answer is no. This was announced on Central on 14 February 2014, with a bulk mailing sent to all community owner addresses. A discussion on Central in February 2024 concluded that the decision should still stand (see the thread).

Background

In January 2014, a member asked the MHRA (Medicines & Healthcare products Regulatory Agency) for clarification and forwarded the reply he received to the central mailbox:

From: Case Referrals <CaseReferrals@mhra.gsi.gov.uk>

Date: 02/01/2014

Subject: FW: Freegle

"Your concerns are well founded, and I would urge you to bring the following to the attention of www.ilovefreegle.org and Freecycle membership.

In order to protect the public's health, the sale or supply of any medicinal product in the UK is strictly regulated under the Human Medicines Regulations 2012. To summarise:

- The sale or supply of a prescription only medicine (POM), other than by a registered pharmacist on receipt of a prescription issued by a qualified health practitioner, is a criminal offence.

- The sale or supply of a pharmacy only medicine (P), other than by a registered pharmacist, is a criminal offence.

- The sale or supply of general sales list (GSL) medicine (the sort normally found on sale in a non-pharmacy retail outlet), other than from lockable premises, is in the MHRA's view a criminal offence.

The supply of any medicinal product outside the regulated supply chain poses a serious risk to public health. Medicines of any kind should not be supplied to the public other than in the circumstances described above. The MHRA will seek to prosecute those who sell medicinal products outside the regulated supply chain.

Further information about purchasing medicines online: http://www.mhra.gov.uk/Patientsandpublic/Buyingcounterfeitmedicinesandmedicinesonline/index.htm"

- Eanna O'Lochlainn, Deputy Team Leader, Case Referral Centre, Inspection, Enforcement & Standards Division, MHRA

Following discussion of this email on Central, the Reps wrote to the MHRA on 2 February 2014 asking for further clarification on the legality of passing on unused medicines. They explained that Freegle is a network of independent communities where members give away unwanted items to other people locally - like eBay, items are never in Freegle's physical possession, they pass directly from one member to another, no money changes hands and nothing is sold. Each community is run by local volunteers.

The Reps asked whether Freegle communities could legally adopt rules along the lines of eBay's medicines and healthcare products policy, noting that pharmacies already take back unwanted medicines for disposal, but that Freegle wanted to support the government's waste prevention programme by keeping usable items out of the waste stream wherever legally possible.

The MHRA's reply, on 10 February 2014, was unambiguous:

"...the act of kindness to which you refer in your email has the potential to place the lives and health of your members at risk, and expose your network to criminal prosecution. eBay's rules have no basis in law. The MHRA advises that any unused medicines should be returned to your pharmacist for safe disposal. The sale or supply of medicinal products, including the facilitation you describe, is strictly controlled in the UK in order to protect the public's health. For this reason I would ask that you and your colleagues desist from any attempt to supply any medicinal products via your network."

- Eanna O'Lochlainn, MHRA

Donate to Africa

Update, June 2015: EU Directive 2011/62/EU (amending Directive 2001/83/EC) has put a stop to donating medicines abroad, to preserve the licensed audit trail from manufacturer to end user. The charity InterCare therefore had to stop taking unused/returned medicines to send to clinics in Africa (http://www.intercare.org.uk/), though it still hopes to distribute medical dressings, devices, clothing and similar items.

Updated links

The Reps' letter to the MHRA referenced an eBay policy that no longer exists; the current version is at https://www.ebay.co.uk/help/policies/prohibited-restricted-items/prescription-overthecounter-drugs-policy?id=5048.

The MHRA's original reply linked to a page about counterfeit medicines, which has since been archived: archived page - there doesn't appear to be an updated equivalent.

Veterinary Medicines

In January 2014, the Reps also wrote to the Veterinary Medicines Directorate (VMD) to ask for guidance on messages offering or requesting veterinary medicines, explaining Freegle's model as above and noting that MHRA guidance meant group owners were already being advised not to allow drugs or medicines on their communities, but that it was unclear whether this should extend to veterinary medicines.

The VMD (Denise Burge, Legislation Development Advisor, UK Legislation Team) replied on 5 February 2014, setting out the distribution categories for authorised veterinary medicines:

POM-V - prescription only medicines, which may only be supplied by a veterinary surgeon or pharmacist in accordance with a prescription from a veterinary surgeon.

POM-VPS - prescription only medicines, which may only be supplied by a veterinary surgeon, pharmacist or suitably qualified person (SQP) in accordance with a prescription from one of these persons.

NFA-VPS - medicines that may only be supplied by a veterinary surgeon, pharmacist or SQP.

Medicines carrying any of the above distribution categories cannot be offered via Freegle.

There is another distribution category, AVM-GSL. There are no legal restrictions in the Veterinary Medicines Regulations on the retail supply of veterinary medicines classified as AVM-GSL ("over the counter" medicine), though a responsible approach to supplying them is still expected. Medicines carrying this distribution category could be offered via Freegle.

(Contact: d.burge@vmd.defra.gsi.gov.uk | 01932 338316, Veterinary Medicines Directorate, Woodham Lane, New Haw, Addlestone, Surrey, KT15 3LS)

Supplements

Supplements (e.g. vitamins and minerals) are the responsibility of the Food Standards Agency (FSA) in England, and of the devolved FSA administrations in Scotland, Wales and Northern Ireland, under separate but similar regulations. See the FSA guidance.

Some substances are 'borderline', and the MHRA or FSA decides which legislative body is responsible for them - see the MHRA's explanation.

Our list of worry words shows which of these are regulated substances, i.e. not allowed on Freegle.

A 2023 discussion on Discourse noted that some communities err on the side of caution and don't allow any supplements, while others permit food supplements that aren't restricted to pharmacies and are available in supermarkets and general-purpose online retailers.

Medical equipment

There's no restriction, as far as we know, on offering or requesting items of medical equipment. See Medical devices regulation and safety: detailed information on GOV.UK. For example, see this discussion where an offer of finger-pricking lancets and syringes (without needles) was approved.

Recycling Organisations lists organisations that may be willing to take various categories of medical equipment.

Medical gases, including oxygen

Requesting or offering medical gases, including oxygen, is prohibited.

Justification:

• Medical oxygen has to be prescribed, using a Home Oxygen Order Form (HOOF).
• Medical gases are classified as a medicine and are always managed and controlled by a pharmacist.
• Expert medical assessment is required before oxygen is prescribed and supplied.
• Medical gases are not to be used for non-medical purposes.
• Controls apply to medicines sold or supplied by retail, whether sold or supplied via internet transactions, mail order, or any other form of supply.

Regulation: all medical gases, and some of the equipment used to administer them, are highly regulated by European Directives and UK legislation. The gases are classified as medicinal products for administration to a patient, and the associated equipment as a medical device when used to administer the gas. Retail sale or supply of medicines is controlled under the Medicines Act 1968, as amended by the Human Medicines Regulations 2012.

Non-medical gases are not covered by these restrictions and are therefore permitted for non-medical use.

Oxygen concentrators for medical use

See this discussion on whether to allow oxygen generators/concentrators/compressors. Oxygen concentrators need to be treated in the same way as medical gases because:

• they are medical devices for generating oxygen for medicinal use
• medical approval is needed to purchase these products privately

Requesting or offering oxygen concentrators for medical use is therefore also prohibited.

Sample messages for members

For sample messages you could use if a member offers drugs, medicines or regulated supplements on your community, see Sample message: Medicines and supplements.

See also Alcohol and tobacco.

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