Still, the experience record of the BGH that a reasonable average consumer generally will not take on, that a product offered as a dietary supplement (food) is actually a food, if it had no pharmacological effect in the recommended dosage applies here. Has now also explicitly connected to the Federal Administrative Court and at the same time made it clear that the mere reference to the “antioxidant” a product not yet readily leads to the classification of such preparation as a medicinal products presentation. The unknown third parties: the doubt control the violent clashes on the true interpretation of the so-called “rule of doubt” are likely to be at least temporarily pacified. The BVerwG has taken namely the conflicting case law of courts as an opportunity to present the European Court of justice the question for a preliminary ruling whether doubt arrangements on a product is applied that is possibly as a medicinal, its medicinal property but not positively established, and which Measure of probability and accordingly what degree of facts is may be required in order to justify the application of pharmaceutical legislation on such borderline products. The BVerwG itself considers “alarming”, because she would lead to a considerable expansion of the scope of the pharmaceutical legislation without that conclusively is whether the product in question is actually a drug to extensive interpretation of doubt rule. However, the needs of the Administration could not justify such an arrangement so the BVerwG. Remains to be seen, whether the European Court of Justice will share this view of the BVerwG and halt an expansion of the medicinal area to the detriment of food on the instruments of regulating doubt. The running gag: the classification of products as medicines, which are marketable in other Member States as food just food companies that operate across borders can be rarely plausible, why it even in times of the European internal market can tackle that certain products in one Member State as food are marketable in other Member States of the community of classically: in Germany, however, the stricter drug laws be subject to.
By illini | Published April 16, 2021