OLG Stuttgart prohibits Ratiopharm advertising for ASS + C

The addition of vitamin C to a drug does not automatically allow the manufacturer to "promote the immune system". This was decided by the Higher Regional Court (OLG) Stuttgart in a ruling announced on Tuesday, June 13, 2017 (Ref .: 2 U 127/16). It prohibited the advertising of the Ulm generic manufacturer Ratiopharm for its effervescent tablets "ASS + C".

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The effervescent tablets are approved as analgesics. They contain 600 milligrams of the painkiller acetylsalicylic acid (ASA) and 200 milligrams of ascorbic acid (vitamin C). Ratiopharm promotes the tablets with the statement: "Acts with acetylsalicylic acid as an effervescent tablet quickly for pain. An extra dose of vitamin C supports the immune system. "

On the other hand, a competition association complained. In its judgment of 8 June 2017, now announced, the OLG upheld the claim.

The reference to the protection of the immune system is here inadmissible, judged the Stuttgart judges. Because the medicine is not allowed for this. Consumers see the advertisement not only as another effect of the drug, but "as an inadmissible designation of another area of ​​application". Consumers with pain, who want to strengthen their immune system at the same time, could therefore prefer to take the effervescent tablets.

The strengthening of the immune system was obviously not the purpose of vitamin C in effervescent tablets. In any case, the competition association claimed, without contradiction, that it was added in order to avoid negative side effects of ASA on the gastric mucosa. mwo