The Pharmacy and Poisons Act 1933 required the sale of a listed poison to be supervised by a registered pharmacist (still applies today). The vital question was when the”sale” took place and the answer depended on whether the display of goods on the selves was an “offer” legally speaking or merely a “willingness to negotiate”. If it was an offer then the sale would be completed when the goods were put in the basket provided and would therefore be illegal. The Court ruled however that the offer was made when the customer presented the goods at the counter and acceptance would also be made there where a registered pharmacist was present. Boots were therefore not breaking the law and goods on a shelf are not offers to sell.
The Pharmacy and Poisons Act 1933 required the sale of a listed poison to be supervised by a registered pharmacist (still applies today). The vital question was when the”sale” took place and the answer depended on whether the display of goods on the selves was an “offer” legally speaking or merely a “willingness to negotiate”. If it was an offer then the sale would be completed when the goods were put in the basket provided and would therefore be illegal. The Court ruled however that the offer was made when the customer presented the goods at the counter and acceptance would also be made there where a registered pharmacist was present. Boots were therefore not breaking the law and goods on a shelf are not offers to sell.