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Decision C-1080/2022 of 26 September 2024

11. October 2024 – In its decision of 26 September 2024, the Federal Administrative Court dismissed the appeal by A. AG against Swissmedic's ruling, which determined that a brochure on the chronology of the company's milestones violated advertising regulations for two prescription medicinal products.

The court affirmed that the appellant, despite not holding the marketing authorization for these medicinal products, bears responsibility for the content of its promotional materials. Swissmedic had previously ruled that the brochure constituted unauthorized public advertising, and the court upheld this finding. The court noted that the brochure contained specific details about the medicinal products, indicating a promotional intent rather than merely informative content, thus classifying it as advertising under the applicable regulations.

The appellant contended that the brochure was solely corporate information and did not violate any laws. The court rejected this argument, asserting that the detailed descriptions and marketing language used contradicted the appellant's characterization. Additionally, the court confirmed that Swissmedic’s legal basis for its findings was sound, emphasizing the critical role of public health protection in pharmaceutical advertising regulation.

In addressing the appellant's claims concerning economic freedom and the proportionality of the imposed fee of CHF 1,000, the court determined that Swissmedic's actions were both appropriate and necessary to maintain compliance with health regulations.

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