Sale of medicines in supermarkets is now pending presidential approval

On March 2, 2026, Brazil’s House of Representatives approved Bill No. 2158/2023, which amends Law 5,991/1973 to authorize the sale of medicines in supermarkets.

The proposed update seeks to expand the channels for dispensing and selling medicines, including digital and e-commerce platforms, facilitating end consumers’ access to pharmaceutical products.

The Brazilian Senate had already approved this bill in October 2025, and it will now move forward presidential sanction.

See the main details of Bill No. 2158/2023 below:

Location structure requirements

The bill authorizes supermarkets to establish pharmacies and drugstores within their sales area under the following conditions:

• The space must be clearly defined, segregated, and reserved exclusively for pharmaceutical operations, independently of the supermarket’s other sections.
• Medicines must not be offered in open, connected, or non-segregated areas.
• Medicines must not be sold in counters, stands, or gondolas outside the pharmacy or drugstore area.

Operation and health licensing

Regarding health licensing, the bill authorizes supermarkets to operate pharmacies or drugstores under the same tax ID directly, or through a contract with a pharmacy or drugstore licensed and registered with the competent authorities.

In either model, the legal, health, and technical requirements applicable to pharmacies and drugstores must be observed, especially regarding:

• health licensing;
• mandatory presence of legally qualified pharmacists during the pharmacy’s or drugstore’s operating hours;
• physical layout and structure of pharmaceutical offices;
• receipt and storage of pharmaceutical products;
• temperature, ventilation, lighting, and humidity controls; and
• traceability, dispensing, assistance, and pharmaceutical care.

In this regard, the bill states that pharmacies and drugstores operating in supermarkets are subject to Law 13,021/2014 (which provides for the practice and supervision of pharmaceutical activities) and Law No. 6,360/76 (which provides for the health oversight of medicines, drugs, pharmaceutical ingredients, medical devices, cosmetics, sanitizers, and other products).

Dispensing of controlled medicines

The bill establishes that such medicines must be transported in sealed, tamper-proof, and identifiable packaging to the place of payment, or that they may only be dispensed after payment has been made.

Medicines in e-commerce

Finally, the bill authorizes pharmacies and drugstores located in supermarkets to contract with digital channels and e-commerce platforms for logistics and consumer delivery, provided they fully comply with applicable health regulations.

Demarest’s Life Sciences and Healthcare team is available to provide any further clarifications that may be necessary.