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Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1953) CA
The defendants ran a self-service store where patrons pulled items off the shelf, handed them to a cashier, and then left. Among the products were some medications that had to be sold by a pharmacist or under their supervision in accordance with the Pharmacy and Poisons Act of 1933.
The pharmacist kept a watchful eye on the cash desk and oversaw any transactions involving the relevant drugs as long as they happened there. The plaintiffs questioned whether the sale was overseen as required by the Act, namely if the sale agreement was finalized at the cash desk or at a different location.
Held
Since the sale was conducted at the cash desk, the necessary supervision was provided. When a consumer in a supermarket points out the products he needs, the shopkeeper or cashier accepts the offer.
The defendants ran a self-service store where patrons pulled items off the shelf, handed them to a cashier, and then left. Among the products were some medications that had to be sold by a pharmacist or under their supervision in accordance with the Pharmacy and Poisons Act of 1933.
The pharmacist kept a watchful eye on the cash desk and oversaw any transactions involving the relevant drugs as long as they happened there. The plaintiffs questioned whether the sale was overseen as required by the Act, namely if the sale agreement was finalized at the cash desk or at a different location.
Held
Since the sale was conducted at the cash desk, the necessary supervision was provided. When a consumer in a supermarket points out the products he needs, the shopkeeper or cashier accepts the offer.
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