Pharmaceutical Society of Great Britain v Boots
Cash Chemists Ltd (1953)
Certain brand name medicines were displayed for sale in a self service store. The issue arose as to when and where the sale of the medicines took place. Was it when a customer put the medicines in her shopping basket or was it when she presented the goods to the cashier? The reason this was an important issue was because the Pharmacy and Poisons Act 1933 s.18(1) provided that it was unlawful to sell such medicines unless the 'sale is effected by, or under the supervision of, a registered pharmacist.' If the sale took place when the customer put the medicines in her shopping basket the sale would not take place 'under the supervision of, a registered pharmacist' because no pharmacist was present at that time. If, on the other hand, the sale took place when the customer presented the goods to the cashier the sale would take place 'under the supervision of, a registered pharmacist' because a pharmacist was present at the checkout desk.
Q When did the sale take place?
The sale took place when the customer presented the goods to the cashier.
