I. – It is an offence to market, broker or distribute, whether free of charge or against payment, wholesale or retail, homeopathic medicinal products mentioned in 11° of article L. 5121-1 or traditional herbal medicinal products mentioned in article L. 5121-14-1 which have not been registered with the Agence nationale de sécurité du médicament et des produits de santé, or whose registration with this agency has been refused, suspended, withdrawn or lapsed, is punishable by two years’ imprisonment and a fine of 150,000 euros.
II. – It is punishable by the same penalties to produce, cause to be produced, distribute or cause to be distributed an advertisement for homeopathic medicinal products mentioned in 11° of article L. 5121-1 or traditional herbal medicinal products mentioned in article L. 5121-14-1 which have not been registered with the Agence nationale de sécurité du médicament et des produits de santé, or whose registration with this agency is refused, suspended, withdrawn or has lapsed.
III. – The penalties provided for in I and II are increased to five years’ imprisonment and a fine of €375,000 where the offences provided for in the same paragraphs :
1° Are likely to result in a serious risk to human health ;
2° Have been committed as part of an organised gang
3° Were committed on a telecommunications network intended for a non-specified public;
4° Were committed by pharmaceutical establishments authorised in accordance with article L. 5124-3, brokers declared in accordance with article L. 5124-20, dispensing pharmacists holding the licence mentioned in article L. 5125-4 and pharmacies for internal use mentioned in article L. 5126-5 of the same code.