Plant antibiotic is a misleading advertisement

Can a pharmaceutical company name its herbal medicinal product in advertising as a "herbal antibiotic"? The Higher Regional Court Celle had to decide in a specific case. It came to the conclusion: He must not, because it leads the consumer astray.

"Herbal antibiotic" should not be used as a term. Image: PhotoSG - fotolia

The drug manufacturer had promoted its herbal medicine as a "herbal antibiotic" with a "preventive effect against infections". This had been warned by a competition association; The matter landed first in Hanover district court and then in the Higher Regional Court of Celle.

The applicant accused the producer of misleading consumers because of their 'misleading notion' that 'the product designed on the basis of the active ingredients of nasturtium and horseradish acts like the known chemically defined antibiotics'. For a preventive use of infections, the agent was also not allowed.

The district court had issued an injunction against which the pharmaceutical company appealed. The Higher Regional Court Celle confirmed in its judgment of 9 July 2015 (Ref .: 13 U 17/15), in essence, the decision of the district court. (Pm)