Acute addition prohibited by the court

„Acute“ is prohibited as a misleading name addition by the court.

07/31/2013

The Federal Institute for Drugs and Medical Devices (BfArM) indicates that the addendum „acute“ may only be used for medicines that work fast or at least faster than other medicines. The background to this is a now valid judgment of the Administrative Court of Cologne (Case No. 7 K 6757/10 - VG Köln) on an omeprazole-containing and pharmacy-only medicinal product

The manufacturer wanted the additional name for the product with an active substance content of 20 mg before the Cologne Administrative Court „acute“ apply after being released from prescription.

The judges did not grant the application. As justification, they stated that the medicine did not work very fast. Consumers would be familiar with the term „acute“ However, in the name of the drug, it is associated with a rapid effect and not on the treatment „acute courses“ close to illness.

The manufacturer wanted to appeal against this judgment before the Higher Administrative Court of North Rhine-Westphalia. However, the court dismissed the application for approval of the appeal (Ref. 13 A 719/13 - OVG NRW). Thus, the judgment of the Administrative Court of Cologne is now final.

BfArM President Walter Schwerdtfeger sees the judgment as an important contribution to consumer protection: „Patients must be able to rely on the importance of name supplements for non-prescription medicines.“ Their safety should not be jeopardized by misconceptions about the medicine and its effects. (Fr)

Image: Michael Grabscheit