Since the beginning of the corona pandemic, providers have repeatedly used people's concerns to make inadmissible advertising promises. The consumer advice centers of North Rhine-Westphalia and Rhineland-Palatinate are taking action against such violations of the Medicines Advertising Act with the joint project “Health Advertising Fact Check”.

For example, in the case of the manufacturer of the mouth and throat rinse “Linola sept”, which was advertised online with statements such as “The risk of droplet transmission of coronaviruses is reduced”. The Berlin mail-order pharmacy “APONEO” was also successfully warned because of inadmissible Corona advertising for the “algovir cold spray”.

Bielefeld Regional Court gives the right to consumer advice centers

A “throat and mouth rinse tested on Covid-19 patients” that ensures a “significant decrease in viral load by up to 90%”? The manufacturer used full-bodied promises to promote the “Linola sept” mouth and throat rinse. Among other things, the internet advertising fueled hopes of “corona prophylaxis” by reducing the risk of droplet transmission of the coronavirus. In addition, “surface-active substances” should prevent the virus from binding to human cells.

As early as the end of April 2021, the NRW consumer advice center had contacted the manufacturer of the medical product, Dr. August Wolff GmbH & Co. KG from Bielefeld, warned. The Corona references in internet advertising for the medical product, which are not permitted under the Medicines Advertising Act (HWG), were criticized. Because the Bielefeld company did not sign the cease and desist declaration, it went to court.

The Chamber for Commercial Matters of the Bielefeld Regional Court shared the opinion of the North Rhine-Westphalia Consumer Center and granted the injunction with a judgment of June 8, 2022 (file number: 16 O 54/21). This means that “Linola sept” manufacturer Dr. August Wolff does not repeat the advertising like that.

Successful warning against mail order pharmacy “APONEO”

Unlike in the case of “Linola sept”, with the medical product “algovir cold spray” it was not the manufacturer itself, but a mail-order pharmacy that warned the consumer advice centers. The online pharmacy from Berlin marketed the product from its range under the heading “Nasal spray against Corona – This is what you need to know” and claimed that the active ingredient from red algae contained in the nasal spray should help against Corona. In the opinion of the consumer advice centers, this is also not legal, as the Medicines Advertising Act prohibits references to reportable diseases such as COVID-19, with a few exceptions. By signing the cease and desist declaration, the company has committed itself not to repeat such advertising promises.

According to the Medicines Advertising Act (Section 12 Paragraph 1 Sentence 1 No. 2 HWG), advertising for medical products outside of specialist circles may not relate to the prevention or alleviation of any of the diseases mentioned in the appendix. This also includes diseases that must be reported under the Infection Protection Act or infections caused by reportable pathogens.

You might also be interested in: Oat milk: self-experimentation with sad findings!

Source: consumer advice center


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