Online sale of dietary supplements help. Can an individual entrepreneur sell dietary supplements? Application of incorrect information

Personal data privacy policy

This Privacy Policy for personal data (hereinafter referred to as the Privacy Policy) applies to all information that the EMT Consult website (hereinafter referred to as the EMT Consult Website) located on the domain name (as well as its subdomains) can receive about the User while using the website ( as well as its subdomains), its programs and its products.

Definition of terms
1.1 The following terms are used in this Privacy Policy:
1.1.1. "Site Administration" (hereinafter referred to as the Administration) - employees authorized to manage the site of EMT Consult, acting on behalf of EMT Consult, who organize and (or) process personal data, and also determine the purposes of processing personal data, the composition of personal data to be processed , actions (operations) performed with personal data.
1.1.2. "Personal data" - any information relating directly or indirectly to a specific or identifiable individual (subject of personal data).
1.1.3. "Processing of personal data" - any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
1.1.4. "Confidentiality of personal data" is a mandatory requirement for the Operator or other person who has gained access to personal data to prevent their dissemination without the consent of the subject of personal data or other legal grounds.
1.1.5. The "EMT Consult website" is a collection of interconnected web pages located on the Internet at a unique address (URL): as well as its subdomains.
1.1.6. "Subdomains" are pages or a set of pages located on third-level domains belonging to the site of the EMT Consult company, as well as other temporary pages, at the bottom of which is the contact information of the Administration
1.1.5. “User of the EMT Consult website (hereinafter referred to as the User) is a person who has access to the EMT Consult website via the Internet and uses the information, materials and products of the EMT Consult website.
1.1.7. "Cookies" are a small piece of data sent by a web server and stored on a user's computer, which the web client or web browser sends to the web server each time in an HTTP request when trying to open the page of the corresponding site.
1.1.8. “IP-address” is a unique network address of a node in a computer network through which the User gains access to the EMT Consult Website.
General provisions 2.1. Use of the EMT Consult website by the User means acceptance of this Privacy Policy and the terms of processing of the User's personal data.
2.2. In case of disagreement with the terms of the Privacy Policy, the User must stop using the EMT Consult website.
2.3. This Privacy Policy applies to the EMT Consult website. The EMT Consult website does not control and is not responsible for third-party websites to which the User can follow the links available on the EMT Consult website.
2.4. The administration does not verify the accuracy of the personal data provided by the User.

3.1. This Privacy Policy establishes the obligations of the Administration for non-disclosure and ensuring the protection of the confidentiality of personal data that the User provides at the request of the Administration when registering on the website of EMT Consult, when subscribing to an e-mail newsletter or when placing an order.
3.2. Personal data permitted for processing under this Privacy Policy is provided by the User by filling out forms on the EMT Consult website and includes the following information:
3.2.1. Username;
3.2.2. User's contact phone number;
3.2.3. address Email(e-mail)
3.3. EMT Consult website protects Data that is automatically transmitted when visiting pages:
IP address
information from cookies
browser information
access time
referrer (address of the previous page).
3.3.1. Disabling cookies may result in the inability to access parts of the site that require authorization.
3.3.2. The EMT Consult website collects statistics on the IP addresses of its visitors. This information is used to prevent, detect and solve technical problems.
3.4. Any other personal information not specified above (visit history, browsers used, OS etc.) is subject to reliable storage and non-proliferation, with the exception of the cases provided for in cl. 5.2. and 5.3. of this Privacy Policy.

Collection objectives personal information user

4.1. The User's personal data may be used by the Administration for the following purposes:
4.1.1. Identification of the User registered on the EMT Consult website for further authorization, ordering and other actions.
4.1.2. Providing the User with access to personalized data of the EMT Consult website.
4.1.3. Establishing feedback with the User, including sending notifications, requests regarding the use of the EMT Consult website, the provision of services and the processing of requests and applications from the User.
4.1.4. Determining the location of the User to ensure security, prevent fraud.
4.1.5. Confirmation of the accuracy and completeness of personal data provided by the User.
4.1.6. Creations account to use parts of the EMT Consult website, if the User has agreed to create an account.
4.1.7. User notifications by email.
4.1.8. Providing the User with an effective technical support in case of problems related to the use of the EMT Consult website.
4.1.9. Providing the User with his consent special offers, pricing information, newsletters and other information on behalf of the EMT Consult website.
4.1.10. Implementation advertising activities with the consent of the User.

Methods and terms of processing personal information

5.1. The processing of the User's personal data is carried out without any time limit, in any legal way, including in personal data information systems using automation tools or without using such tools.
5.2. The user agrees that the Administration has the right to transfer personal data to third parties, in particular, courier services, postal organizations (including electronic), telecommunication operators, solely for the purpose of fulfilling the User's order placed on the website of the EMT Consult company, including the delivery of the Goods, documentation or e-mail messages.
5.3. The User's personal data can be transferred to authorized bodies state power Russian Federation only on the grounds and in the manner established by the legislation of the Russian Federation.
5.4. In case of loss or disclosure of personal data, the Administration has the right not to inform the User about the loss or disclosure of personal data.
5.5. The administration takes the necessary organizational and technical measures to protect the User's personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
5.6. The Administration, together with the User, takes all necessary measures to prevent losses or other negative consequences caused by the loss or disclosure of the User's personal data.

Rights and obligations of the parties

6.1. The user has the right to:
6.1.1. Make a free decision to provide your personal data necessary for using the EMT Consult website and consent to their processing.
6.1.2. Update, supplement the provided information about personal data in case of changes in this information.
6.1.3. The user has the right to receive information from the Administration regarding the processing of his personal data, if such a right is not limited in accordance with federal laws. The user has the right to demand from the Administration clarification of his personal data, their blocking or destruction if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, as well as to take measures provided for by law to protect their rights.
6.2. The administration is obliged:
6.2.1. Use the information received solely for the purposes specified in clause 4 of this Privacy Policy.
6.2.2. Ensure that confidential information is kept secret, not disclosed without the prior written permission of the User, and also not sell, exchange, publish, or otherwise disclose possible ways the transferred personal data of the User, with the exception of cl. 5.2 and 5.3. of this Privacy Policy.
6.2.3. Take precautions to protect the confidentiality of the User's personal data in accordance with the procedure usually used to protect this kind of information in existing business transactions.
6.2.4. Block personal data related to the relevant User from the moment the User applies or requests, or his legal representative or the authorized body for the protection of the rights of personal data subjects for the period of verification, in case of revealing inaccurate personal data or illegal actions.

Responsibility of the parties

7.1. The administration that has not fulfilled its obligations is liable for losses incurred by the User in connection with the unlawful use of personal data, in accordance with the legislation of the Russian Federation, with the exception of cases provided for in cl. 5.2., 5.3. and 7.2. of this Privacy Policy.
7.2. In case of loss or disclosure Confidential information The administration is not responsible if this confidential information:
7.2.1. Became public domain before its loss or disclosure.
7.2.2. Was received from a third party until it was received by the Resource Administration.
7.2.3. Was disclosed with the consent of the User.
7.3. The user is fully responsible for compliance with the requirements of the legislation of the Russian Federation, including the laws on advertising, on the protection of copyright and related rights, on the protection of trademarks and service marks, but not limited to the above, including full responsibility for the content and form of materials.
7.4. The user acknowledges that responsibility for any information (including, but not limited to: data files, texts, etc.), to which he can have access as part of the EMT Consult website, is borne by the person who provided such information.
7.5. The User agrees that the information provided to him as part of the EMT Consult website may be an object of intellectual property, the rights to which are reserved and belong to other Users, partners or advertisers who post such information on the EMT Consult website.
The user does not have the right to make changes, lease, transfer on a loan, sell, distribute or create derivative works based on such Content (in whole or in part), unless such actions were expressly authorized in writing by the owners of such Content in accordance with the terms of a separate agreement.
7.6. In relation to text materials (articles, publications that are freely available to the public on the website of the EMT Consult company), their distribution is allowed, provided that a link is given to the EMT Consult website.
7.7. The Administration is not responsible to the User for any loss or damage incurred by the User as a result of deletion, failure or inability to save any Content and other communication data contained on the website of EMT Consult or transmitted through it.
7.8. The administration is not responsible for any direct or indirect losses incurred due to: use or inability to use the site or individual services; unauthorized access to the communications of the User; statements or behavior of any third party on the site.
7.9. The administration is not responsible for any information posted by the user on the site of the EMT Consult company, including but not limited to: information protected by copyright, without the express consent of the copyright owner.

Dispute Resolution

8.1. Before going to court with a claim for disputes arising from the relationship between the User and the Administration, it is mandatory to submit a claim (a written proposal or proposal in in electronic format on voluntary settlement of the dispute).
8.2. Recipient of the claim within 30 calendar days from the date of receipt of the claim, in writing or in electronic form, notifies the applicant of the claim about the results of the consideration of the claim.
8.3. If an agreement is not reached, the dispute will be referred to the Moscow Arbitration Court.
8.4. This Privacy Policy and the relationship between the User and the Administration apply current legislature Russian Federation.

Additional terms

9.1. The administration has the right to make changes to this Privacy Policy without the consent of the User.
9.2. New Policy Confidentiality comes into force from the moment it is posted on the EMT Consult website, unless otherwise provided by the new edition of the Privacy Policy.
9.3. Any suggestions or questions regarding this Privacy Policy should be reported to: [email protected] site
9.4. The current Privacy Policy is posted on the page at
Updated: 28 August 2018

In accordance with Russian federal laws on the territory of the country, some industries are allowed to manufacture and sell dietary supplements. These are not medicines, therefore the requirements for them are completely different. A dietary supplement is understood as an active substance consumed with food.

The dietary supplement is used exclusively with food products; when registering a PI, you can get information about the effective action of the additive. Before registration, the safety of the substance is necessarily checked, for this an examination is appointed. If you plan to resell the product, then you do not need to take care of this, all the necessary documents are drawn up by the manufacturer of the dietary supplement.

Additional actions

As with any entrepreneurial activity, the sale of dietary supplements to individual entrepreneurs should be carried out only after registration and receipt of the relevant documentation in the Tax Office. Moreover, each product must go through SanPiN 2.3.2.1290-03, according to which not only individual entrepreneurs can trade in goods, there are pharmacies, pharmacy kiosks and even a grocery store on the list.

In other cases, the sale of dietary supplements is considered illegal. That is, selling goods at home is strictly prohibited, however, as well as delivering it by courier, selling it in a doctor's office, through an online store, and so on. In accordance with Federal Law No. 36, doctors cannot prescribe a drug as the main drug, because in its essence it is not.

What is dietary supplement and the truth about it

Even if the product is distributed through a well-organized premises in accordance with the law, then it cannot be advertised from the position that it is able to cope with any problems and can be a panacea for all problems. The drug has no healing properties, but only is an active food supplement.

Inside, as a rule, simple dried herbs, different uses, fees. In medicines, the main components are often chemically active substances, they have an intense effect on the focus of the disease. there will be no significant effect from taking dietary supplements.

Number of products on the market

To date, there are about 7 thousand different types of dietary supplements registered on the market. The number of distributors is also increasing, but to a greater extent this business is not legal. Entrepreneurs do not want to work in the conditions of modern legislation and deliver the product by courier via the Internet portal.

In fact, there is nothing difficult in organizing legal activities. The list of documents and the registration procedure is no worse than when organizing any other business.

Unfortunately, the majority of even legal sellers continue to deceive buyers and claim that their products do a lot to improve health and are able to replace even drugs. For such actions, the legislation punishes sellers, literally it sounds like this:
Production, storage, transportation for the purpose of marketing, or the sale of counterfeit medicines, - shall be punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of wages or any other income of the convicted person for a period of up to three years, or restraint of liberty for a term of two to four years, or imprisonment for a term of up to four years.

Production, storage, transportation for the purpose of marketing, or sale of counterfeit dietary supplements, including under the guise of medicines, - shall be punishable by a fine in the amount of up to 400 thousand rubles or in the amount of the wage or salary or other income of the convicted person for a period of up to three years, or restraint of liberty. for a term of two to three years, or imprisonment for a term of up to three years.

Application of incorrect information

There is no need to invent a clinic or a specialized center in order to sell dietary supplements. To do this, today it is quite enough to issue an individual entrepreneur and work within the framework of the law, so that later you do not face quite serious problems.

Recently, the government has toughened the punishment for non-compliance with the norms, and all because several thousand people have died from the use of low-quality dietary supplements in several years and this amount is starting to increase. It is not even necessary to create an LLC, it will only be required if the entrepreneur wants to create several outlets.

For distributing the drug as an expensive means as a medicine, you will simply be deprived of your activity and imprisoned for quite an impressive number of years.

OKVED codes

Among the main OKVED codes that should be indicated when organizing entrepreneurship for the distribution of dietary supplements:

Similar materials

If the management of the pharmacy has decided to sell dietary supplements (dietary supplements), you should decide whether you need an additional license for this.

But what if the pharmacy sells such substances using the services of a commission agent who does not have permission to maintain pharmaceutical activities? We will answer these questions, and also tell you about the conditions that must be met when selling dietary supplements.

Does a pharmacy need a license?

In accordance with the legislation, pharmaceutical activities are also subject to licensing. It includes the wholesale, retail trade of drugs and their manufacture. The basis is subparagraph 47 of paragraph 1 of article 17 of the Federal Law of August 8, 2001 No. 128-FZ, paragraph 1 of the Regulation on the licensing of pharmaceutical activities.

At the same time, dietary supplements - natural (identical to natural) biologically active substances - are intended to be consumed simultaneously with food or introduced into food products. This is stated in Article 1 of the Federal Law of January 2, 2000 No. 29-FZ "On the quality and safety of food products."

Thus, dietary supplements do not belong to drugs. And in accordance with Law No. 128-FZ, their production and sale are not subject to licensing. That is, no special permission is required for the implementation.

Terms of sale of dietary supplements

When selling dietary supplements for each type of supplement, a sanitary and epidemiological conclusion must be obtained. After all, the substance must comply with state sanitary and epidemiological rules and regulations. The basis is clause 7.4.6 of SanPiN 2.3.2.1290-03, approved by the Chief State Sanitary Doctor of the Russian Federation on April 17, 2003. In addition, the characteristics of biologically active additives, the requirements for them, as well as the criteria and methods for determining their safety are given in the Methodological Guidelines MUK 2.3.2.721-98.

So, organizations that sell biologically active additives are obliged to ensure the conditions of sale in accordance with the regulations agreed upon during registration.

At the same time, in addition to the above requirements for the sale of dietary supplements, the following are established. The sale of biologically active food additives is not allowed:

Without quality certificate;
- expired;
- in the absence of proper conditions for implementation;
- without information on the mandatory registration of dietary supplements;
- without a label, as well as in the case when the information on the label does not correspond to the information agreed upon during registration;
- which is not possible to identify.

Please note: Clause 7.4.6 of SanPiN 2.3.2.1290-03 indicates another condition that the organization must comply with when selling dietary supplements. The label of each of them must contain information applied in accordance with the requirements of current legislation.

WHO CAN SELL SUPPLIES?

Retail sale of dietary supplements is possible through:

Pharmacies (pharmacies, pharmacy stores and kiosks, etc.);
- special stores selling dietary products;
- Groceries(special departments).

This is stated in clause 7.4.1 of SanPiN 2.3.2.1290-03.

So, it is clear that, for example, shops do not need a pharmaceutical license.

After all, they do not sell drugs or manufacture them.

In this case, the store can also act as a commission agent if the pharmacy concludes an agreement with it. This means that he has the right to sell dietary supplements without any special permission (license).

Not all products can be sold remotely.

There are certain restrictions - the letter of Rospotrebnadzor dated October 12, 2007 N 0100 / "On monitoring compliance with the Rules for the sale of goods by remote means" explains:

... It should also be noted that clause 5 of the Rules of Sale certain types restrictions have been introduced, according to which distance selling is not allowed alcoholic beverages, as well as other goods, the free sale of which is prohibited or limited by the legislation of the Russian Federation. Taking into account this circumstance, it should be borne in mind, in particular, that the restrictions introduced by this paragraph of the Rules also apply in general to the sale of tobacco products, since the regulation of their retail sale is carried out by the Federal Law of 10.07.2001 N 87-FZ " On limiting tobacco smoking "... This also applies to biologically active additives (BAA).

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Decree of the Government of the Russian Federation of September 27, 2007 N 612 approved the Rules for the sale of goods by remote means (hereinafter referred to as the Rules).

Clause 5 of the Rules prohibits the sale of alcoholic beverages by remote method, as well as goods, the free sale of which is prohibited or limited by the legislation of the Russian Federation.

In particular, clauses 1 and 2 of Art. 32 of the Federal Law of 22.06.1998 N 86-FZ "On Medicines" it is established that retail medicines are carried out by pharmacies. Retail trade is allowed only for medicinal products registered in the Russian Federation.

Medicines dispensed by a doctor's prescription are to be sold only through pharmacies, pharmacy points. Over-the-counter medicines can also be sold at drugstores and drugstores.

Decree of the President of the Russian Federation of February 22, 1992 N 179 approved the List of types of products and production wastes, the free sale of which is prohibited. This List includes, in particular, medicines, with the exception of medicinal herbs.

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In addition, in clause 3 of the Letter of Rospotrebnadzor of 08.04.2005 N 0100 / "On the suppression of offenses in the remote method of selling goods" (this Letter was issued before the entry into force of the Rules) it is established that for subjects entrepreneurial activity exercising or wishing to carry out retail sale of goods by remote means, it is mandatory to comply with the relevant norms enshrined in par. 2 p. 4 of the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of 01.19.1998 N 55, which does not allow the sale of food products outside stationary places of trade (with the exception of ice cream, soft drinks and beer, confectionery and bakery products in the packaging of the manufacturer of the goods), medicines, products made of precious metals and precious stones, weapons and ammunition for them, copies of audiovisual works and phonograms.

According to clause 7.4.1 of SanPiN 2.3.2. "Hygienic requirements for the organization of production and circulation of biologically active food additives (BAA)" (approved by the Chief State Sanitary Doctor of the Russian Federation on April 17, 2003) (hereinafter - SanPiN 2.3.2.) Retail dietary supplements are traded through pharmacies(pharmacies, pharmacy stores, pharmacy booths and others), specialized shops selling dietary products, grocery stores (special departments, sections, kiosks).

Moreover, according to the Resolution of the Chief State sanitary doctor RF of 05/20/2009 N 36 "On supervision of biologically active food additives (BAA)" retail trade of dietary supplements outside the established clause 7.4.1 SanPiN 2.3.2. Objects, including through remote sale and sale through distributors, is a violation sanitary and epidemiological requirements.

Thus, the sale of medicines and dietary supplements by remote means is not allowed. This position is confirmed jurisprudence(see, for example, Resolution of the Federal Antimonopoly Service of the North-Western District of 05/07/2009 N A / 2008).

It is prohibited by law - SALE of dietary supplements IN INTERNET SHOPS.

It seems that the farm concerns have begun to lose good profit... began to actively lobby their interests.

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"We got to homeopathy", there was a serious attack on alternative health testing and dietary supplements.

The law prohibits the remote sale of dietary supplements (sale through online stores).

For non-compliance, a large fine is imposed!

What is the solution for the owners of online stores: Please replace the word dietary supplement with all sorts of other phrases:

health products,
vitamins,
functional food products,
nutraceuticals,
parapharmaceuticals ...

Friends, do not forget that many of our Russians still watch TV, where nothing good is said about Badakh….

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The State Duma is also looking closely at dietary supplements (and in many ways, not unreasonably).

I think you will agree with me that the existing questions to many manufacturers of dietary supplements and pseudo-diagnosticians are not entirely unfounded.

There are many financial pyramids, conspiracy under legal Companies producing dietary supplements (the site has an overview of some of them).

You can "charge" the water and sell bottles of water to gullible people for several hundred rubles apiece ... So, it also happens (link)!

All these facts, including thanks to the media, of course, create a negative image around dietary supplements.

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... It should also be noted that clause 5 of the Rules for the sale of certain types of goods introduced restrictions, according to which remote sale of alcoholic beverages, as well as other goods, the free sale of which is prohibited or restricted by the legislation of the Russian Federation, is not allowed. Taking into account this circumstance, it should be borne in mind, in particular, that the restrictions introduced by this paragraph of the Rules also apply in general to the sale of tobacco products, since the regulation of their retail sale is carried out by the Federal Law of 10.07.2001 N 87-FZ " On limiting tobacco smoking "... This also applies to biologically active additives (BAA) ...

This means that an online store selling dietary supplements or even an advertisement with a hotline for ordering dietary supplements is illegal.

Quite often there are complaints about this way of selling. And if the offended client has evidence of the remote sale of the dietary supplement purchased by him, it is easy to prove the violation. After consideration, information about such activities is sent to Rospotrebnadzor and the Federal Antimonopoly Service to suppress illegal activities.

And, since, according to the forecasts of experts, by 2020 the volume of the dietary supplements market will exceed 100 billion rubles, many "servants of the people" will want to "join" the supervision of this market ...

Free legal advice:

About distance selling of dietary supplements

Quite often, advertising for a magic drug sounds in the media (advertising is information disseminated in any way, in any form and using any means, addressed to an indefinite circle of people and aimed at drawing attention to the advertised object, generating or maintaining interest in it and its promotion in the market). Advertising, as a rule, claims that the product has special medicinal properties, the phone number and address of the organization where the product could be purchased are reported. After such advertising, many consumers rush to order a miraculous product. However, in order not to be deceived, it is necessary to remember that the advertised product may be just a biologically active additive (hereinafter - dietary supplement). The sale of the latter is prohibited by a remote method on the basis of clause 5 of the Rules for the sale of goods by a remote method, approved by the Decree of the Government of the Russian Federation of September 27, 2007 No. 612 (hereinafter - Rules No. 612).

Clause 7.4.1. SanPiN 2.3.2. "Hygienic requirements for the organization of production and circulation of biologically active food additives (BAA)" established that "the retail trade of dietary supplements is carried out through pharmacies (pharmacies, pharmacy stores, pharmacy kiosks, etc.), specialized stores selling dietary products, grocery stores (special departments, sections, kiosks) ".

Selling dietary supplements remotely, i.e. after consulting and placing an order by phone numbers indicated in an advertisement in the media (newspapers, on radio and television), with the delivery of goods to consumers by courier - is a violation of the above-mentioned legal norms.

In accordance with the provision enshrined in Art. 12 of the Law "On Protection of Consumer Rights", if the consumer is not given the opportunity to immediately receive reliable information about the product (work, service) upon concluding the contract, he has the right to refuse to execute the contract within a reasonable time and demand the return of the amount paid for the product and demand from the seller ( performer) compensation for damages.

Since the dietary supplement was purchased under a sale and purchase agreement remotely, i.e. in violation of the established procedure, then by general rule such an agreement must be terminated and the parties returned to their original position.

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Art. 22 of the Law "On Protection of Consumer Rights", the term for fulfilling the consumer's demand for the return of the money paid for the goods is limited to ten days. The amount of the forfeit (penalty) for the delay in meeting the consumer's requirements is set at 1% for each day of delay.

Consequently, the consumer can terminate the dietary supplement purchase and sale agreement and collect from the seller in his favor not only the money paid for the dietary supplement, but also a penalty in the amount of the losses incurred.

If the seller refuses to comply with legal requirements, the consumer has the right to file an application with the court and, in addition to the above, demand compensation for moral damage, as well as ask the court to collect a fine from the defendant in its favor in the amount of 50% of the amount awarded by the court.

In addition, the consumer can complain in writing about illegal advertising of dietary supplements to the Office of the Federal Antimonopoly Service in the Tver region at the address: st. Soviet, 23, Tver,

(c) Management Federal Service for supervision in the field of consumer rights protection and human well-being in the Tver region, g.

Free legal advice:

If you did not find the information you need, try to go to old version site

Address:, Tver, st. Darwin, 17

Tel .: +7 (4, fax: +7 (4

Selling dietary supplements online

Good day! Please tell me if the sale of dietary supplements and vitamins through the online store is now allowed? Is it legal?

Lawyers Answers (2)

Free legal advice:

SanPiN 2.3.2. "Hygienic requirements for the organization of production and circulation of biologically active food additives (dietary supplements)" allow the retail sale of dietary supplements only through pharmacies (pharmacies, pharmacy stores, pharmacy kiosks and others), specialized stores selling dietary products, grocery shops (special departments, sections, kiosks). Therefore, the distribution of dietary supplements by distributors, couriers, doctors or other health workers, firms and organizations, online stores, through ordering by phone and using other remote methods is illegal. According to the decree of the chief state sanitary doctor of the Russian Federation of May 20, 2009 N 36, the facts of prescribing dietary supplements by doctors under the guise of medicines are also illegal.

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Alena, good evening!

Free legal advice:

2. Displaying goods at the point of sale (on counters, in showcases, etc.), demonstrating their samples or providing information about the goods being sold (descriptions, catalogs, photographs of goods, etc.) at the point of sale is recognized as a public offer regardless on whether the price and other material terms of the retail sales contract are specified, unless the seller has explicitly determined that the relevant goods are not intended for sale.

Article 497. Sale of goods based on samples and distance selling of goods

1. A retail sale and purchase agreement may be concluded on the basis of familiarization of the buyer with a sample of goods proposed by the seller and displayed at the point of sale of goods (sale of goods according to samples).

2. A retail sale and purchase agreement may be concluded on the basis of familiarization of the buyer with the description of the goods offered by the seller through catalogs, brochures, booklets, photographs, communication means (television, postal, radio communications and others) or in other ways that exclude the possibility of direct acquaintance of the consumer with the goods or a sample of goods when concluding such an agreement (remote method of selling goods).

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3. Unless otherwise provided by law, other legal acts or an agreement, a retail sale and purchase agreement for goods based on samples or a retail sale and purchase agreement concluded by a remote method of selling goods shall be deemed executed from the moment the goods are delivered to the place specified in such an agreement, and if the place of transfer of the goods is not determined by such an agreement, from the moment of delivery of the goods at the place of residence of the buyer-citizen or the location of the buyer - legal entity.

4. Unless otherwise provided by law, prior to the transfer of the goods, the buyer has the right to refuse to execute any retail sale contract specified in clause 3 of this article, provided that the seller is reimbursed for the necessary expenses incurred in connection with the performance of actions to fulfill the contract. "

Selling via the Internet is buying and selling remotely (497 of the Civil Code of the Russian Federation). By Decree of the Government of the Russian Federation of September 27, 2007 N 612, the Rules for the sale of goods by remote means were approved. Adhering to these norms and requirements of SanPiN 2.3.2. search for "loopholes".

Best regards, Tatiana.

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Selling dietary supplements online

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SSL certificate is free and pre-installed for all domains

2) For each product - a landing page with articles again.

Yandex requires permits and letters of guarantee.

After redesigning the site to meet the requirements of Google, the essence of many venal phrases is lost, and even after that - Google skips with a creak search queries with terms from a medical topic, for example, agent, pills, drug, etc. and requires certain lines in the ad text. And Yandex filters out many search queries for the reason: "The keywords do not match the subject of the ad", the full list is here: https://yandex.ru/support/direct-lig. ds.xml? lang = ru

Free legal advice:

When launching a dietary supplements company, you need to spend a lot of money for 3 months on sorting through heaps of queries, from which units are then selected and which make a profit. And that is not for all subjects.

Social networks, teasers, banners, multimedia advertisements - we tried everything, some minuses. We get profit only on the context of Google and Yandex.

For some dietary supplements, landing pages work better in terms of conversion, for others - multi-page sites or stores - it is not possible to guess, only experimentally.

The seasonal factor is also present on certain topics, for example, weight loss.

About the prohibition of distance selling dietary supplements. Do not know. Everything works and is sold.

Free legal advice:

Only pharmacies and shops can legally sell dietary supplements

In the Russian Federation, the production, distribution and use of medicines and biologically active food additives (BAA) is legally allowed.

BAA is "natural (identical to natural) biologically active substances intended for consumption simultaneously with food or for introduction into food products" (Article 1 of the Federal Law "On the quality and safety of food products" dated 02.01.2000 N 29-FZ).

According to this definition, dietary supplements belong to food products, which means they are not drugs. In addition, the presence of evidence of the effectiveness of dietary supplements during their registration is not a necessary requirement - only their safety is checked before registration.

Free legal advice:

SanPiN 2.3.2. "Hygienic requirements for the organization of production and circulation of biologically active food additives (dietary supplements)" allow the retail sale of dietary supplements only through pharmacies (pharmacies, pharmacy stores, pharmacy kiosks and others), specialized stores selling dietary products, grocery shops (special departments, sections, kiosks). Therefore, the distribution of dietary supplements by distributors, couriers, doctors or other medical professionals, firms and organizations, online stores, through ordering by phone and using other remote methods is illegal. According to the decree of the chief state sanitary doctor of the Russian Federation of May 20, 2009 N 36, the facts of prescribing dietary supplements by doctors under the guise of medicines are also illegal.

In addition, even with the legal distribution of dietary supplements through pharmacies and shops, according to the law, advertising of dietary supplements should not create the impression that they are drugs and (or) possess medicinal properties... Nevertheless, a number of dietary supplements with a fairly simple composition (dried garlic, grated blueberries, gelatin, ascorbic acid, etc.) are advertised as remedies for serious diseases.

Currently, 7.5 thousand biologically active food additives are registered in the Russian Federation.

Recently, cases of attempts by individual citizens and organizations leading illegal activity on the distribution of dietary supplements under the guise of medicines, officials Rospotrebnadzor or other authorized representatives government agencies... In this regard, the Office of Rospotrebnadzor in the Kirov region informs that such facts are deliberately misleading citizens in order to take possession of them. in cash by abuse of trust (fraud).

Often, “sellers” of dietary supplements mislead citizens, stating that the sale is carried out under agreements with health authorities and government authorities, and buyers are entitled to some compensation for the costs when purchasing dietary supplements from these “sellers”.

Free legal advice:

In connection with the above, the purchase of dietary supplements by citizens from these "sellers" is not a transaction regulated by the law of the Russian Federation "On Protection of Consumer Rights".

Detection and suppression of such purposeful, obviously illegal, and in fact, fraudulent actions is exclusively the competence of law enforcement agencies.

Often, “sellers” of dietary supplements use fictitious addresses of fictitious clinics for their “activities”, medical centers etc., which greatly complicates the establishment of their real location and identification.

Rospotrebnadzor is not empowered to carry out operational-search activities, therefore, to establish who acts as "sellers" of dietary supplements in the described situations, to make a test purchase, etc. can only be authorized for this activity by law enforcement agencies.

Based on this, the Rospotrebnadzor Department recommends that the deceived citizens send appropriate statements to the internal affairs bodies or the prosecutor's office with all available documented materials relating to the circumstances of the purchase of dietary supplements from the relevant persons in order to take adequate response measures.

Kirov, st. Krasnoarmeyskaya, 45, tel .: ((around the clock), fax :.

Remote way of selling dietary supplements

# 1 expert

Further in the information we will refer to various articles of certain regulatory legal acts, namely: "Rules for the sale of goods by remote means" (approved by the RF Government decree of September 27, 2007) - hereinafter the Rules; Law of the Russian Federation of February 7, 1992 No. "On Protection of Consumer Rights" - hereinafter referred to as the Law; Civil Code of the Russian Federation - hereinafter referred to as the Civil Code of the Russian Federation; RF Law of March 13, 2006 No. 38-FZ "On Advertising".

"Sale of goods by remote means" - sale of goods under a retail sale and purchase agreement concluded on the basis of familiarization of the buyer with the description of goods offered by the seller contained in catalogs, brochures, booklets or presented in photographs or by means of communication, or in other ways that exclude the possibility of direct familiarization of the buyer with the goods or a sample of the goods when concluding such an agreement.

The consumer does not have the opportunity to get acquainted with either the product itself or the sample of the product until it is received. Familiarization takes place exclusively with the help of communicative means, such as catalogs, mailing lists, advertisements, telephone, television, video text, audio text, CD ROM, Internet or any other (interactive) method of communication, as well as when the consumer has the opportunity to obtain information about commercial offer and place an order through various channels of information distribution, using one or more of the previously mentioned communication methods, including interactive.

The information posted on the website of the online store, in a printed catalog, on television or in another similar way as described above may well be regarded as a public offer of goods with all the obligations arising from this. Civil Code of the Russian Federation:

Article 494. Public offer of goods

1. An offer of a product in its advertisements, catalogs and product descriptions addressed to an indefinite circle of persons is recognized as a public offer (paragraph 2 of Article 437) if it contains all the essential terms of the retail sale and purchase agreement.

This is confirmed by the paragraph of the Rules:

Clause 12. An offer of a product in its description, addressed to an indefinite circle of persons, is recognized as a public offer if it is sufficiently defined and contains all the essential terms of the contract.

The seller is obliged to conclude an agreement with any person who has expressed the intention to purchase the goods offered in its description.

On the basis of such an offer, the buyer can declare an acceptance, that is, an agreement to conclude a sale and purchase agreement on the conditions presented. This, for example, filling out an order form on the website, a phone call to the seller to place an order, or another method suggested by the seller.

1. Acceptance is the response of the person to whom the offer is addressed regarding its acceptance.

From the moment the buyer declares the acceptance, the distance selling contract can be considered concluded. Moreover, from this moment, according to the Rules for the sale of goods by remote means:

Clause 20. The contract is considered concluded from the moment the seller issues a cash or sales receipt or other document confirming payment for the goods to the buyer, or from the moment the seller receives a message about the buyer's intention to purchase the goods.

It should be noted that after the consumer has declared consent to purchase the goods, and the seller has confirmed the order, the seller does not have the right to change the terms of the contract - that is, change the price or terms of purchase. If the conditions are changed, then the consumer has the right to insist on concluding an agreement on the conditions initially presented. These are the rules of a public contract concluded on the basis of a public offer.

Clause 8. The seller must, prior to the conclusion of the retail sale and purchase agreement (hereinafter referred to as the contract), provide the buyer with information about the main consumer properties of the goods and the address (location) of the seller, the place of manufacture of the goods, the full company name (name) of the seller, the price and on the conditions for purchasing the goods, on their delivery, service life, expiration date and warranty period, on the procedure for paying for the goods, as well as on the period during which the proposal to conclude a contract is valid.

Clause 9. The seller at the time of delivery of the goods is obliged to inform the buyer in writing the following information (for imported goods- in Russian):

a) the name of the technical regulation or other designation, established by law Of the Russian Federation on technical regulation and attesting to the mandatory confirmation of the conformity of the goods;

b) information on the main consumer properties of the goods (works, services), and in relation to food products - information on the composition (including the name of food additives, biologically active additives used in the production of food products, information on the presence in food products of components obtained with the use of genetically engineered organisms), nutritional value, purpose, conditions of use and storage of food products, production methods ready meals, weight (volume), date and place of manufacture and packaging (packaging) of food products, as well as information on contraindications for their use in certain diseases;

c) the price in rubles and the conditions for the purchase of goods (performance of work, provision of services);

d) information about the warranty period, if any;

e) rules and conditions for the effective and safe use of goods;

f) information about the service life or shelf life of the goods, as well as information about the necessary actions of the consumer after the specified time periods and possible consequences if such actions are not performed, if the goods after the specified time periods pose a threat to the life, health and property of the buyer or become unusable by appointment;

g) address (location), full company name (name) of the seller;

h) information on the mandatory confirmation of the compliance of goods (services) with mandatory requirements ensuring their safety for the life and health of the buyer, environment and prevention of damage to the property of the buyer in accordance with the legislation of the Russian Federation;

i) information on the rules for the sale of goods (performance of work, provision of services);

j) information about a specific person who will perform work (provide a service), and information about him, if it matters based on the nature of the work (service);

k) information provided for in clauses 21 and 32 of these Rules.

Clause 10. If the product purchased by the buyer was in use or the defect (defects) was eliminated in it, the buyer must be provided with information about this.

Clause 11. Information about the goods is brought to the attention of the buyer in the technical documentation attached to the goods, on the labels, by applying markings or in another way adopted for certain types of goods.

Information on the mandatory confirmation of the conformity of goods shall be submitted in the manner and by the methods established by the legislation of the Russian Federation on technical regulation, and includes information on the number of the document confirming such conformity, on the period of its validity and on the organization that issued it.

Particular attention should be paid to the availability of information about the seller. If the offer or delivery of the goods does not indicate the trade name of the seller, as well as his address, but only contact numbers are indicated, then you should refrain from buying. Otherwise, if it becomes necessary to return, exchange the goods or make a complaint about a defect, then the consumer simply will not know where to turn and make a claim with his demand. Thus, the Law on Advertising contains a provision on the provision of information for distance selling:

Advertising of goods with a remote method of selling them must contain information about the seller of such goods: name, location and state registration number of the entry on the creation of a legal entity; surname, name, patronymic, main state registration number of the record state registration natural person as an individual entrepreneur.

When selling technically complex goods the buyer must be provided Additional Information about the product according to the Rules:

Failure to comply with the provision of information entails administrative responsibility for the seller, namely, failure by the sellers of the above paragraphs of the Rules may serve as a basis for bringing them to administrative responsibility under Part 1 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation (violation of the consumer's right to receive the necessary and reliable information about the goods being sold, the manufacturer, the seller), according to Art. 14.7 of the Code of Administrative Offenses of the Russian Federation (misleading regarding consumer properties and quality of goods), and in the latter case - under Part 2 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation (inclusion in the retail sale and purchase agreement of conditions that infringe on the rights of consumers).

Since the transfer of goods sold remotely is carried out, as a rule, at the location of the buyer, it is necessary to pay attention to the proposed delivery conditions determined by the Rules:

Clause 15. Buyer's proposal for the shipment of goods by post to the address "on demand" can be accepted only with the consent of the seller.

Clause 26. The delivered goods are transferred to the buyer at his place of residence or to another address specified by him, and in the absence of the buyer - to any person who presented a receipt or other document confirming the conclusion of a contract or registration of delivery of the goods.

Delivery of goods can be entrusted by the seller to third parties - couriers, postal service, special service delivery.

Clause 22. For delivery of goods to the place indicated by the buyer, the seller can use the services of third parties (with the obligatory notification of the buyer).

But if the delivery was not carried out through your fault, then the seller has the right to demand additional payment for re-delivery.

Clause 24. If the delivery of the goods was made within the terms established by the contract, but the goods were not transferred to the buyer through his fault, the subsequent delivery is made in new terms agreed with the seller, after the buyer pays the cost of the goods delivery services again.

The term for the transfer of goods can be stipulated in the contract and is governed by the following paragraph of the rules.

Clause 23. The seller is obliged to transfer the goods to the buyer in the manner and terms established in the contract.

If the contract for the delivery of the goods is not defined and there is no possibility to determine this period, the goods must be transferred by the seller within a reasonable time.

The seller must fulfill the obligation not fulfilled within a reasonable period of time within 7 days from the date of the buyer's demand for its performance.

For violation by the seller of the terms of transfer of the goods to the buyer, the seller is responsible in accordance with the civil legislation of the Russian Federation.

If the goods have been paid in advance, then the seller will be liable for not transferring the goods within the prescribed period according to the Law on the Protection of Consumer Rights.

Article 23.1. Consequences of Violation by the Seller of the Term of Transfer of the Prepaid Goods to the Consumer

3. In case of violation of the time period for the transfer of prepaid goods to the consumer, established by the contract of sale, the seller shall pay him for each day of delay a forfeit (penalty) in the amount of half a percent of the amount of prepayment for the goods.

The forfeit (penalty) is collected from the day when, under the contract of sale, the transfer of the goods to the consumer should have been carried out, until the day of transfer of the goods to the consumer or until the day the consumer's demand for the return of the amount previously paid by him is satisfied.

The amount of the forfeit (penalty) collected by the consumer cannot exceed the amount of the advance payment for the goods.

Article 26.1 Remote way of selling goods

4. The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.

If information about the procedure and timing of the return of the goods proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of transfer of the goods.

Clause 32. Information on the procedure and timing for the return of goods by the consumer must contain:

a) the address (location) of the seller to which the goods are returned;

b) the seller's working hours;

c) the maximum period during which the goods can be returned to the seller, or the minimum period provided for in paragraph 21 of these Rules;

d) warning about the need to preserve the presentation, consumer properties of goods of good quality before returning it to the seller, as well as documents confirming the conclusion of the contract;

e) the term and procedure for the return of the amount paid by the buyer for the goods.

There are a number of conditions that must be met in order to make a return. Otherwise, the seller has the right to refuse the consumer on formal grounds.

Clause 21. Return of good quality goods is possible if its presentation is preserved, consumer properties, as well as a document confirming the fact and conditions for the purchase of the specified product.

Despite the condition of the presence of a document confirming the fact of the purchase, it is not mandatory.

The absence of the specified document from the buyer does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

Such evidence may include testimony, the presence of the seller's brand markings on the packaging of the goods, a warranty card with the date and serial number, and other evidence that the buyer can provide to confirm the purchase of this product from a specific seller.

But, there are certain restrictions on the goods that cannot be returned to the seller, being of proper quality.

The buyer does not have the right to refuse a product of good quality, having individually defined properties, if the specified product can be used exclusively by the consumer who purchases it.

What is meant in this case by goods with individually defined properties?

Individually defined properties are those properties that are created under individual order consumer and cannot be reproduced en masse, or which indicates the data of the future owner-consumer. An example is a vase engraved with the owner's name. The thing is made according to the order of the consumer with specific conditions, and it is difficult to realize it. An example is the manufacture of shoes according to measurements sent remotely and taking into account personality parameters.

Clause 21. If the buyer refuses the goods, the seller must return to him the amount paid by the buyer in accordance with the contract, with the exception of the seller's expenses for the delivery of the returned goods from the buyer, no later than 10 days from the date the buyer makes the corresponding demand.

The Rules also indicate the documents drawn up when returning the goods, as well as methods for returning the amount paid.

Clause 33. When the buyer returns the goods of good quality, an invoice or an act on the return of the goods is drawn up, which indicates:

a) full company name (name) of the seller;

b) surname, name, patronymic of the buyer;

c) the name of the goods;

d) the date of the conclusion of the contract and the transfer of the goods;

e) the amount to be returned;

f) signatures of the seller and the buyer (the buyer's representative). The refusal or evasion of the seller from drawing up the invoice or the act does not deprive the buyer of the right to demand the return of the goods and (or) the return of the amount paid by the buyer in accordance with the contract.

Clause 34. If the return of the amount paid by the buyer in accordance with the contract is carried out at a time when the buyer returns the goods, the return of the specified amount is carried out by the seller with the consent of the buyer in one of the following ways:

a) in cash at the location of the seller;

b) by postal order;

c) by transferring the appropriate amount to the buyer's bank or other account specified by the buyer.

Clause 35. The costs of the return of the amount paid by the buyer in accordance with the contract shall be borne by the seller.

# 2 expert

Thus, any sale made without the direct presence of the seller, based on information taken from catalogs, television, radio, Internet resources, advertising brochures, will be classified as distance selling.

For those representatives of network marketing who work from hand to hand, bypassing the online sales of dietary supplements - everything is going well, because the client gets acquainted with the presented products not remotely, but "naturally". Accordingly, the sale of dietary supplements by the "hand-to-hand" method can no longer be classified as distance selling. What is impossible when buying dietary supplements directly through the online store. In this case, online stores are 100% vulnerable.

The information posted on the website of the online store, in a printed catalog, on television or in another similar way above may well be regarded as a public offer of goods with all the obligations arising from this.

Unless an advertisement for the presented dietary supplements is present in the online store and the prices are indicated in conventional units (suns, bunnies, etc.), in this case, the online store representative will still have to familiarize the buyer with products "in person" - in this case, the activity of an online store is deduced from the definition of distance selling. The absence of such a moment as the choice of dietary supplements in the online store (basket) and the purchase and sale agreement - also removes the online store from the definition of distance selling.

A vulnerability in the sale of dietary supplements through network marketing and online stores is the payment for products by the buyer. Even after the "representative" personally shows the product before buying, which is no longer a distance sale (if the seller does not have prices on the site and does not give illegal advertising for dietary supplements), otherwise, the buyer will be able to claim that he has chosen product in the online store, classify this fact of sale - as remote - receiving payment from the buyer in cash and without providing cashier's check- is an offense. Apparently, based on this, now they resort to using payment terminals when paying for products by the consumer.

To summarize - if the buyer cannot use the seller's online store (website) as a place for choosing a product, and he can do this only in the absence of specified prices and advertising of products, and if he is personally acquainted with the products before purchasing, plus to this - if payment will be made in any form other than cash. all this will not allow the sale of dietary supplements to be classified as distance selling.

How exactly will the term "selling at home, on the street, etc." be defined legally? If everything is the same - distance selling, then the issue has already been considered and clear.

# 3 Olga_Abramova

# 4 expert

The sale of a biologically active food supplement in other places (at the buyer's home, on the street, etc.) is not allowed.

Is this an assumption for inclusion in the bill or has it already been approved?

This is somehow not very similar to the legal wording, but it can be written like that.

The bill proposes to allow the sale of dietary supplements only through pharmacies, specialized stores selling dietary products, grocery stores (special departments, sections, kiosks). The sale of a biologically active food supplement in other places (at the buyer's home, on the street, etc.) is not allowed.

# 5 Olga_Abramova

# 6 Ninake

It turns out that one side has a ban on dist. Trade, on the other side there is http: // infofoodsuppl. pic, 510.0.html. It turns out that a foreign online store selling dietary supplements is safe from such prohibitions?

# 7 Alexander Skorokhod

Another question: how does such a scheme fit into the prohibition: it is offered to get acquainted with the product by phone - a sample is sent free of charge - there is a subscription to the product that the buyer receives by mail - is the payment made on credit or by cash on delivery?

# 8 Ninake

Who is proposed? Who is selling, who is the recipient of the money?

If a private person, or individual entrepreneur, LLC, which does not have equipped premises and a license for this type of activity, is an ambush and violation of the law.

Sells a foreign legal entity by international mail. The recipient is a private person. The recipient of the money is a foreign legal entity.

By the way, the same Oriflame sells dietary supplements remotely.

# 9 veronika1977

# 10 Alexander Skorokhod

# 11 expert

good day! I have a question: how then does Evalar sell their dietary supplements by mail? it is quite legal with them. thanks

# 12 Esenia13

# 13 biatlon2

# 14 denisov_s

Selling dietary supplements remotely, by phone with home delivery is a violation. Sale is allowed only in pharmacies, pharmacy kiosks or grocery stores in special departments (sections) for the sale of dietary products. On the facts of violations of the sale of dietary supplements, consumers can contact the department of Rospotrebnadzor.

Specify exactly what risks are the seller of dietary supplements through the Internet (the amount of the fine, etc.)?

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Ask a Question

Is distance selling of dietary supplements legal?

I am a consultant to the Siberian Health Corporation.

I'm also an individual entrepreneur.

I have an online store. Can I sell Siberian health supplements remotely? There are certificates for dietary supplements, I sell at company prices, not higher.

Lawyers' answers

Fedorova Nadezhda Vladimirovna(05/03/2013 at 20:06:52)

Anna(05/03/2013 at 20:16:54)

Dear, Nadezhda, according to the Decree of the Federal Service for Supervision in the Field of Human Rights and Human Well-being of May 20, 2009 No. 36, the retail trade of dietary supplements outside the provisions of clause 7.4.1 SanPiN 2.3.2.1290-03 "Hygienic requirements for the organization of production and turnover biologically active food additives (BAA) "objects, including through distance sale and sale through distributors, is a violation of sanitary and epidemiological requirements.

According to clause 7.4.1. SanPiN 2.3.2.1290-03 "Hygienic requirements for the organization of production and circulation of biologically active food additives (BAA)" shops (special departments, sections, kiosks).

In addition, according to the letter of Rospotrebnadzor dated October 12, 2007 N 0100 / 10281-07-32 "On monitoring compliance with the Rules for the sale of goods by remote means", the sale of dietary supplements is prohibited remotely.

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Pronichkina Yana Igorevna(05/03/2013 at 20:56:58)

Hello! It is impossible to sell dietary supplements remotely. According to the approved Rules for the sale of goods remotely, it is not allowed to sell alcoholic products remotely, as well as goods, the free sale of which is prohibited or limited by the legislation of the Russian Federation (dietary supplements, medicines, weapons and cartridges for it, tobacco products, etc.). Good luck to you!

Vladimir Ivanovich(05/03/2013 at 21:06:56)

Petrov Vladimir Igorevich(05/03/2013 at 23:02:38)

Hello!

According to paragraph 1 of Art. 26.1 of the Law of the Russian Federation of 07.02.1992 N 2300-1 "On Protection of Consumer Rights" (hereinafter referred to as Law N 2300-1), a retail sale and purchase agreement may be concluded on the basis of the consumer's acquaintance with the description of the goods proposed by the seller through catalogs, brochures, booklets, photographs, means of communication (television, postal, radio communications and others) or other methods that exclude the possibility of direct acquaintance of the consumer with the product or a sample of the product when concluding such an agreement (remote way of selling the product).
Decree of the Government of the Russian Federation of September 27, 2007 N 612 approved the Rules for the sale of goods by remote means (hereinafter referred to as the Rules).
Clause 5 of the Rules prohibits the sale of alcoholic beverages by remote method, as well as goods, the free sale of which is prohibited or limited by the legislation of the Russian Federation.
In particular, clauses 1 and 2 of Art. 32 of the Federal Law of 22.06.1998 N 86-FZ "On Medicines" established that retail trade in medicines is carried out by pharmacies. Retail trade is allowed only for medicinal products registered in the Russian Federation.
Medicines dispensed by a doctor's prescription are to be sold only through pharmacies, pharmacy points. Over-the-counter medicines can also be sold at drugstores and drugstores.
Decree of the President of the Russian Federation of February 22, 1992 N 179 approved the List of types of products and production wastes, the free sale of which is prohibited. This List includes, in particular, medicines, with the exception of medicinal herbs.
In addition, in clause 3 of the Letter of Rospotrebnadzor of 08.04.2005 N 0100 / 2569-05-32 "On the suppression of offenses in the remote method of selling goods" (this Letter was issued before the entry into force of the Rules) it is established that for business entities carrying out or those wishing to carry out retail sale of goods remotely, it is mandatory to comply with the relevant norms enshrined in par. 2 p. 4 of the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of 01.19.1998 N 55, which does not allow the sale of food products outside stationary places of trade (with the exception of ice cream, soft drinks and beer, confectionery and bakery products in the packaging of the manufacturer of the goods), medicines, products made of precious metals and precious stones, weapons and ammunition for them, copies of audiovisual works and phonograms.
According to clause 7.4.1 SanPiN 2.3.2.1290-03 "Hygienic requirements for the organization of production and circulation of biologically active food additives (BAA)" (approved by the Chief State Sanitary Doctor of the Russian Federation on April 17, 2003) (hereinafter - SanPiN 2.3.2.1290-03 ) retail trade of dietary supplements is carried out through pharmacies (pharmacies, pharmacy stores, pharmacy kiosks and others), specialized stores selling dietary products, grocery stores (special departments, sections, kiosks).
At the same time, according to the Decree of the Chief State Sanitary Doctor of the Russian Federation of 05/20/2009 N 36 "On supervision of biologically active food additives (BAA)", the retail trade of BAA outside the facilities established by clause 7.4.1 SanPiN 2.3.2.1290-03 distance selling and selling through distributors is a violation of sanitary and epidemiological requirements.
Thus, the sale of medicines and dietary supplements by remote means is not allowed. This position is confirmed

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