VGH Baden-Wurttemberg judge tea on basis of mistletoe herb produced in the dispute about medicinal properties of mistletoe tea In the present case the applicant and brings these pharmacy-exclusive on the market. This mistletoe tea was declared in 1978 as a medicinal; but forfeited this status in 1992, because no subsequent registration application was made. in 2002, the food control Office Dresden made a sample of tea. After reviewed the national investigation Office for health and Veterinary Office Saxony the sample as a medicinal. To justify it, stated that there exist a firm public perception as a medicinal for mistletoe herb.” The Regierungsprasidium Tubingen forbade the applicant in the following that further placing on the market of tea is a legal drug approval. The application for annulment against the decision facing rejected the Administrative Court (VG) of Sigmaringen. The procedure finally landed at the Administrative Court (VGH) Baden-Wurttemberg.
In its judgment the VGH runs that the VG the complaint wrongly, rejected because it Mistletoe tea to a medicinal product is not. Medicine. So, the responsible Senate of the VGH follows not the opinion of the VG Sigma rings. Neither from the doubt scheme nor the contained substance (mistletoe herb), and the designation, product design and advertising and publications a medicinal property can be according to VGH derived. The Court here thus the distinction between medicines and food. For the evaluation of a product as a medicinal clear circumstantial evidence must be a categorisation of a product as a medicinal on suspicion is unlawful.
In the present case, it seems excluded that a pharmacological effect can be demonstrated to the mistletoe tea and is therefore not einordbar as function medicines. There is also no general public perception that the mistletoe tea as a remedy to classify countries according to the VGH. Also, presentation, advertising and labelling of the product does not give rise to classify this as a remedy. A product should be explicitly as a means with property to heal or to the is attributed to a drug. Anyway, the print appears not as a typical food. The packaging contains no evidence of an unauthorized drug advertising. Statements can be attributed to third parties in Internet forums and other publications not a pharmaceutical presentation on behalf of the applicant. Joint Commission can provide more clarity in the matter. The guiding principle of the VGH is therefore as follows: for mistletoe tea a general public perception as medicines can not be determined. This is also in consideration of the fact that appropriate tea blends as traditional medicines are approved according to Article 109a of the AMG. Also a pharmacy exclusive sales leads to believe of a drug presentation. not necessarily” Learn more about the health law and the advice of juravendis lawyers free of charge and without obligation to find under