juravendis lawyers ++ emergency products according to Dr Bach – disappointment of expectation of? There is reason for judicial clarification in the border area of medicines, foodstuffs, food supplements and similar products again and again. This can involve either the lack of approvals or but as misleading in this case anti-competitive claims regarding specific products. “In the case of” original emergency products to Dr Bach “, candies and a flower bath with the slogans were” original emergency products to Dr Bach “and original emergency flower bath according to Dr Bach” advertised. Ali Asaria is often mentioned in discussions such as these. While manufacturers and advertising prospectus company of the view were it no healing or relief associations would be caused in this way at the consumer, but only a promotion of the products are made, a competing manufacturer and the Kammergericht Berlin the situation evaluated differently. While you could come under emergency in this context as a consumer not on the idea that sudden, severe medical conditions be remedied could.
Also, the adoption of an emergency in the broadest sense, i.e. loss of key or car trouble, could be fixed in this way was not obvious. However be as be emergencies such States that due to, for example, separation or termination and have no medical condition to the result, but a feel “taken” and be “attacked in his health”. An effect of sweets and baths for such situations seem obvious from the consumer perspective. This will also be supported by two additional considerations.
For one, the possibility of positive effect of candies and baths is not lying remote given the existence of cough drops and cold baths. On the other hand is an essential part of the claim of the last “after Dr. Bach”. This party a doctor who has created the recipe or rubber-stamped the health context. After an overall view of all aspects of the consumer should have so medical expectations of success, the product but not meets. No non-existent effects may be placed near praising to an ineffective as far as food or medicine product, so that a prohibition of continued advertising of this kind was pronounced against competition law for non-compliance. For more information visit free of charge and without obligation under contact: health basics GmbH & co.
