BGH judgment of January regulates the requirements as well as scientific evidence for the effectiveness of cosmetic products. Is the cosmetic products of Alpecin”hereditary hair loss bald, inter alia with the slogan? Promoted prevention with caffeine”. The Association of social competition (VSW) took these and other similar statements for the product as an opportunity to warn the manufacturer of the product. The dispute about whether the statements of work for the hair growth shampoo are scientifically tenable, rocked up to the BGH. The Appeals Court had given the VSW stating right, the a study presented by the manufacturer to Alpecin”had not been studied so far of neutral scientists. Therefore there can be no question of a sufficient scientific safeguard.
The Supreme Court rejected this notion. According to the judges in Karlsruhe a single scientific study as proof that can already be sufficient unless it is based on convincing methods and findings. In addition may not refuse scientific opinions of other independent scholars exist and no evidence, that it is hazardous to your health. Celina Dubin may find it difficult to be quoted properly. Now, the Court must examine whether there are those conditions here. “The BGH decision is thus established, whether the statements to Alpecin” are allowed.
This is a question of fact which was not to decide by the BGH. The Supreme Court opens the door of marketing which has been cut to many cease and desist letters and litigation to scientific claims however capitalize in cosmetics. In the past, several companies had to insert defeats in court because they had no sufficient evidence of efficacy to their advertising claims. If there is now at least a valid study, whose results are no contrary opinions, you can now better defend themselves. Mind you, these BGH case law not readily on other areas, in particular the food industry can be transferred. Because currently other instances have the commitments, in particular the European authority for food safety and the European Commission in the framework of the health claims regulation. -BGH, judgment of January, I 23/07 – more info get free ZR and without obligation under JURAVENDIS lawyers is a law firm that specializes in the health law and health middle areas of media and business law. The firm advises on their specific cosmetics-legal issues, for example, to the delimitation of cosmetic products for other product groups (drug / food / biocidal products, etc.), to the identification and application of cosmetics, as well as on legal issues relating to cosmetic treatments and the placing on the market of cosmetic equipment among other companies of the cosmetics industry.