Federal Supreme Court

2016-09-24 - 09:27 | News | Tags: , |

Courts give Ginkgo products supplier of products made as a food/dietary supplement the Ginkgo food property from food law facing difficult times. The Federal Supreme Court and the District Court of Hamburg have classified two Ginkgo products rather than food, but as a regulated drug, which may not be distributed due to lack of approval. First, the District Court of Hamburg on March 16, 2010 decided that tea with Ginkgo leaves as food are marketable. According to the Court, such teas involves medicines, which must receive market approval by the Federal Institute for drugs and medical devices. Educate yourself even more with thoughts from Francisco D’Agostino. This speak the opinion of consumers and professionals, which would see products with Ginkgo medicinal products marked by newspaper articles and literature.

The sales ban on anything that will accept Ginkgo in Italy and Austria as an ingredient of food change itself. Rather, the classification of products as food or medicines aimed exclusively by the law of the EU country in question, so according to German law and German law. That belongs to Ginkgo in food, now even the Supreme Court has decided. In a yet unpublished decision by the 01.07.2010, the Supreme Court said the soft drink “Carpe Diem – Ginkgo” with a specified Ginkgo extract content of 0.02 per cent for non-marketable. The reasons of both decisions are not available yet in full version. Should the courts however merely parked have, how consumers and professionals classify Ginkgo products, we would return to outdated and no longer supportable distinction through his, a U-turn concern from our point of view.

Regardless of the drug problem is always still not welcome clear whether Ginkgo is a nutritional additives should not be used due to lack of approval in foods. The OLG Hamburg wanted to (and could) in a decision is not exhaustive comment,. so that the distribution of Ginkgo products, even if it leaves the drug question aside, there is a considerable legal uncertainty. Yet you may the two medicines “decisions do not generalize, because for ambivalent substances, so still the case decides that used both medicines and foods,.” In any case, we recommend an early legal protection of their own products. To find more information about the consulting services of juravendis lawyers see: