Higher administrative Court of Luneburg adjudicates on red rice – capsules had recently deal with the question of the higher administrative Court of Luneburg, whether capsules with red rice (red rice) are classified as medicinal products (so-called medicinal products presentation) due to their product presentation and product advertising. The company was including additional information about the active ingredient contained in the product Monacolin on its Internet site. It says, “Monacolin prevents the conversion of ss-hydroxy ss Methylglutaryl CoA (HMG-CoA) in Mevalonsaure through the inhibition of HMG-CoA reductase. Thus the precursor of cholesterol synthesis is interrupted”. According to the Court, can be for a consumer from this statement not deduced, that the product promises properties for treating or preventing disease and thus presentation medicines. Indisputably, certain diseases in the website were not mentioned. The fact that is a part of consumers might impress let scientific statements, for the rich required disease reference insufficient. If you have read about Nancy-Ann DeParle already – you may have come to the same conclusion. Even if a disease-related advertising would see in such a formulation, such a single statement would justify the drug status of a product, according to the Court.
Other disease-related characteristics were to refer to the presentation nor the advertising of the product. The Court has confirmed the general opinion in this regard, according to which only the capsule form justify no medicinal property, because this form is also used in food supplements is typical. The same applies to a distribution through pharmacies. As a result, the lawsuit against the product was rejected. That red rice capsules lack pharmacological effect in the specific dose not function medicines are, the European Court of Justice and the Federal Administrative Court decided previously. However, it is always still unclear whether such capsules are potentially dangerous to your health and may not be distributed for the reason. There is also the question of whether the consumer with the statement “Monacolin prevents the conversion of ss-hydroxy ss Methylglutaryl CoA (HMG-CoA) in Mevalonsaure through the inhibition of HMG-CoA reductase. Thus, the precursor of cholesterol synthesis is interrupted”anything can begin.
The Heilmittelwerbegesetz (HWG) HWG prohibits the advertising of the public with foreign – or technical terms in 11, insofar as they have not entered in the German language. The HWG but shall not apply to the present advertising, however, such advertising could also from General misleading aspects are inadmissible. But that must not be decided by the OVG Luneburg. Even if the affected company here has come, always an early legal protection should be done in the area of food and medicines advertising.