La tutela del consumatore nella vendita online di farmaci: profili di protezione tra codice del consumo e regolazione digitale

The essay examines consumer protection in the online sale of pharmaceuticals, in light of the progressive digitalization of the pharmaceutical market and the evolution of European and national regulation. The analysis highlights the central role of pre-contractual information, understood not merely as an obligation of transparency, but as a structural element of the digital contractual relationship and, in certain cases, as a true condition of validity through the mechanism of protective nullity. Particular attention is devoted to the notion of informational defectiveness and to the impact of Directive (EU) 2024/2853, which extends product liability to digital platforms, thereby reshaping the boundaries of responsibility in pharmaceutical e-commerce. The article ultimately advances the idea of a renewed functional formalism in consumer law, in which information operates as a substantive safeguard of contractual autonomy and public health protection.