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... health-lawyer ... Case law ... BGH-Muscle building supplements
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EuG-Bayer Crop Science
OLG-Celle-Fitness
EuGH-DocMorris
BGH-Muscle building supplements
EuG-Williams

 

 
horak.
Attorneys at Law Hannover
Lawyers
Patent Attorneys
Georgstr. 48
30159 Hannover (Headquarter)
Germany
Fon +49 511.35 73 56-0
Fax +49 511.35 73 56-29
info@healthlawyer.de   
hannover@healthlawyer.de
 
horak.
Attorneys at Law Berlin
Lawyers
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Wittestraße 30 K
13509 Berlin
Germany
Fon +49 30.403 66 69-00
Fax +49 30.403 66 69-09
berlin@healthlawyer.de
 
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Attorneys at Law Bielefeld
Lawyers
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Herforder Str. 69
33602 Bielefeld
Germany
Fon +49 521.43 06 06-60
Fax +49 521.43 06 06-69
bielefeld@healthlawyer.de
 
horak.
Attorneys at Law Bremen
Lawyers
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Parkallee 117
28209 Bremen
Germany
Fon +49 421.33 11 12-90
Fax +49 421.33 11 12-99
bremen@healthlawyer.de
 
horak.
Attorneys at Law Düsseldorf
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Grafenberger Allee 293
40237 Düsseldorf
Germany
Fon +49 211.97 26 95-00
Fax +49 211.97 26 95-09
duesseldorf@healthlawyer.de
 
horak.
Attorneys at Law Frankfurt/ Main
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Mainzer Landstraße 50
60325 Frankfurt
Germany
Fon +49 69.380 79 74-20
Fax +49 69.380 79 74-29
frankfurt@healthlawyer.de
 
horak.
Attorneys at Law Hamburg
Lawyers
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Colonnaden 5
20354 Hamburg
Germany
Fon +49 40.882 15 83-10
Fax +49 40.882 15 83-19
hamburg@healthlawyer.de
 
horak. 
Attorneys at Law Munich
Lawyers
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Landshuter Allee 8-10
80637 Munich
Germany

Fon +49 89.250 07 90-50
Fax +49 89.250 07 90-59
munich@healthlawyer.de 
 
horak.
Attorneys at Law Stuttgart
Lawyers
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Stockholmer Platz 1
70173 Stuttgart
Germany
Fon +49 711.99 58 55-90
Fax +49 711.99 58 55-99
stuttgart@healthlawyer.de
 
horak. 
Patent Attorneys Vienna
 
Trauttmansdorffgasse 8
1130 Vienna
Austria
Fon +43 1.876 15 17
Fax +49 511.35 73 56-29
vienna@healthlawyer.de

BGH - Muscle building supplements

The judgement of the German Supreme Court of Justice (File Number I ZR 34/01) - Muscle building supplements

The case concerns the distinction between medicines and foodstuffs. Referring to the definition of medicine in the second paragraph of Article 1 of Community Directive 65/65/EEC, the Supreme Court held that the concept of medicine must be interpreted broadly enough to cover all substances capable of affecting the actual functioning of the human organism. It observed that it was for the national authorities, subject to judicial review, to determine whether, given its composition, the potential risks generated by long-term consumption or its side-effects and, more generally, its overall characteristics, including its composition, its pharmacological properties as demonstrated by the current state of scientific knowledge, the mode of administration, the extent of its distribution, consumers’ familiarity with it and the potential risks from using it, a product was or was not a medicine. The Supreme Court held that the entry into force of Regulation No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety had no impact on the demarcation line between foodstuffs and medicines as the Regulation merely introduced the concept of medicine as defined by Directive 65/65 into food law.

Substances preventing muscle loss and accelerating recovery and regeneration after training can be generally considered to be dietetic foodstuffs, if and as long as they meet the special physiological requirements of a given group of persons and do not predominantly serve purposes other than nutrition.

Doping substances, especially anabolic steroids and other performance-enhancing substances with similar effects, being predominantly intended to serve purposes other than nutrition or consumption, i.e. being substances which are intended to influence the nature, the state or the functions of the body, are generally regarded as medicines as defined by Section 2 (1) Nr 5 of the German Pharmaceutical Act.

The provision of Section 73 (2) Nr 6a of the German Pharmaceutical Act provides for an exception from the prohibition of introduction within the meaning of Section 73 (1) Sentence 1 of the German Pharmaceutical Act only for drugs which are allowed to be marketed abroad.

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