Health · Healthcare & Policy · 18 hrs ago
South Korea's top court upholds ruling against DoctorNow drug listings
South Korea's Supreme Court has upheld a ruling against telemedicine platform DoctorNow over prescription drug listings in its app.
In 2022, the app displayed selected prescription medicines as “BEST” options for conditions including acne, hair loss and allergies.
Users could view drug details and reviews, then request a prescription through an online consultation.
The court said sharing drug information with the public counts as advertising, even if a company is not seeking profit.
It found the listings violated South Korea's law restricting advertising of prescription medicines, and rejected DoctorNow's argument that its service was not advertising.
The company and its former chief executive each received a deferred 3 million won fine, and the Supreme Court finalized that ruling on October 8.
South Korea’s Supreme Court upheld a ruling that DoctorNow’s listing of prescription drugs as “BEST” products violated the Pharmaceutical Affairs Act.
The court confirmed suspended fines of 3 million won each for DoctorNow and its former CEO.
DoctorNow’s app listed selected prescription drugs by condition and let users request prescriptions after adding them to a cart.
The court said information about prescription drugs can constitute advertising when it is widely communicated to the public, regardless of profit motive.
- Who
- DoctorNow and its former CEO, identified only as A.
- What
- The Supreme Court upheld a ruling that DoctorNow’s “BEST” drug listings violated the Pharmaceutical Affairs Act.
- When
- The Supreme Court confirmed the ruling on October 8; the decision was reported on November 8, 2026.
- Where
- South Korea.
- Why
- The court found that the listings disseminated information about prescription drugs to the public. It said a profit motive was not required for the conduct to count as advertising.
DoctorNow
The Supreme Court
Aspect
DoctorNow
DoctorNow argued that the listings were not prescription-drug advertising because they had no profit motive.
The Supreme Court
The court said advertising does not require a profit motive if drug information is widely communicated to the public.
Aspect
DoctorNow
DoctorNow challenged the finding that its “BEST” listings violated the law.
The Supreme Court
The court upheld the ruling that the listings constituted prohibited advertising.
DoctorNow introduced its “BEST” drug service in the app’s “Get the prescription you want” section.
Prosecutors indicted DoctorNow and its CEO on suspicion of violating the law’s ban on prescription-drug advertising.
The Supreme Court confirmed the ruling imposing suspended fines on DoctorNow and its former CEO.
Yonhap reported the Supreme Court decision.
- Fine
- 3 million won each, with sentencing suspended
- Supreme Court decision
- October 8
- Service introduced
- May 2022
- Listed drug categories
- Skin and acne, hair loss, diet, artificial tears and allergies
- Legal provision
- Pharmaceutical Affairs Act Article 68(6)(1)
What people are saying
Advertising means any means used to widely communicate information about prescription drugs, including their names, manufacturing methods, efficacy and performance, to an unspecified large number of people.
Once such conduct has taken place, a motive or purpose of making a profit is not required.