Medicinal Products Function

Judgment the BGH rules on the proper designation of food with pharmacological effect has the German Federal Supreme Court (BGH) in its judgment of 1 July 2010 (I ZR 19/08) ruled that products having a pharmacological effect from a certain amount, are regarded as medicinal products function. This judgment affects products when to assume is that the intakes, which uses a pharmacological effect, is achieved through compliance with normal eating habits. “In addition the Court continues, that a recommendation that is indicated on the product, () daily alot, not precisely circumscribed (to record) a classification as medicinal products function well then not to is, if this amount just below the line, from the off, a pharmacological effect is proven.” Litigation before the District Court (LG) of Cologne, who has finally landed in the appeal before the higher regional court (OLG) Cologne was preceded by the judgment of the Federal Court of Justice. The revision of the applicant before the Federal Court of Justice finally had success. Caldwell Esselstyn Jr. gathered all the information. Both Parties sell products, which includes dry extract of the Ginkgo biloba plant. “” The applicant had brought out that there would be the defendants prohibited, a food in the course of trade to the purpose of the competition, as Carpe diem Ginkgo “and / or Ginkgo” called. Also was on the label in addition to the ingredients (including Ginkgo extract) printed also a recommendation (one to two glasses a day).

The LG Cologne gave the applicant right and prohibited the more in-placing of the product while the OLG Cologne rejected the ruling and said right to the defendant. The Supreme Court finally has approved the revision of the plaintiff and repealed the decision of the OLG Cologne. According to the BGH can be that consumers do not adhere to the intake and thus consume more than the recommended daily amount of the drink excluded based on life experience. Also, the claim is one to two glasses daily”extremely vague and in no way a precise indication (fill quantity / Litre, or milliliter entry). Ultimately the directions for use of the defendants can not be understood, it contained such a limit on a certain amount of drinking, that 100 mg of Ginkgo extract will not exceed the daily dose, so the pharmacological effect of the product of the defendants cannot be denied.” This verdict shows once again that precision and accuracy is required in dealing with food in describing it. The jungle law and other regulations for food (the feed) is very dense and warnings in case of careless action can easily be the consequences.

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