We will heal - will we?

Krisztina GrimmHungarian Competition Authority13 March 2014

Health claims

The frame

1 The claims

2 The products

3 The specifics

4 The cases

5 The related topics

The claims

Different products, divergent claims – from cancer to IBS and weight loss

The product determines the applicable sectorial law

The products

1 Pharmaceuticals

2 Food

3 Medical devices

4 Cosmetics

5 Others

The specifics - pharmaceuticals

Pharmaceuticals may not be advertised (to the general public) if they can be dispensed from the pharmacy solely with a prescription

OTC pharmaceuticals can be advertised accordig to the conditions enumerated in the Act XCVIII of 2006 Art. 17.

- i.e. it shall not contain any reference or expression which refers to the recomendation by scientists, health professionals or celebrities

Evaluation of the health claims:- whether the advertisement demonstrates the pharmaceuticals based on the summary of the product characteristics (SPC)- if yes, but another problems can be identified: UCP Act, misleading

The cases - pharmaceuticals

Vj/77/2012. – Panadol – begins to dissolve in 5 minutes – not based on the SPC, infringement of sectorial law, more specific

Vj/82/2012. – Normaflore – eliminates the source of diarrhoea, direct link with the vitamin supply - s. above

The specifics - food

Health claims: generally prohibited , but under certain circumstances (enumerated in Regulation (EC) No 1924/2006) they are applicable (Art. 10. 1.)Curing effect: investigated on the basis of the Act No. XLVI. on food chain and its control (Éltv.)

The GVH pays attention to the EFSA consolidated list – wordig of the claims is very strictThe GVH takes into account the scientific opinions of the other competent authorities

The cases – food 1

Claims on weight loss - Vj/26/2012. ( Vital Direkt Ltd. - Cabbage Forte capsules), 98/2012. (Direkt Market Ltd. - Biocaptol capsules)

- claims which refer to the rate or amount of weight loss – UCP Act with reference to the Regulation (EC) No 1924/2006 Art. 12.- claims on easy and fast weight loss - UCP Act, misleading advertising

The cases – food 2

General health claims, i.e. probiotics – Vj/52/2012. (TEVA – Lactiv probiotics), Vj/12/2013. (Vitaminkosár Ltd. - Protexin IBS Florea)- „Helps maintain the healthy gut flora” or „Helps restore the unbalanced gut flora”- UCP Act

The cases – food 3

Curing effect – Vj/97/2012. (Direkt Market Ltd. - Snail Elixir – from snail shlime extract) - stated that the product (a food supplement) cures arthritis - sectorial and UCP Act

The specifics – medical devices

The GVH examines the clinical evaluation

If the claims exceed the statements of the clinical evaluation: breach of the UCP Act

The specifics – medical devices Vj/1/2012. (Magneter mattress), Vj/15/2012. (Impulser)

UCP Act

The specifics - cosmetics

According to the special provisions on cosmetics therapeutic effects are prohibited

These commercials are investigated on the basis of UCP Act - the general clause of the UCP Act with reference to the cosmetics regulation

The cases - cosmetics

Vj/42/2012. (Telemarketing International Ltd. - Abexine)therapeutic effect – stated, that the gel can cure arthritis, headache, inflammation, etc.

Vj/35/2012. (PSO-ROOZ)therapeutic effect, stated that the shampoo can heal psoriasis (an incureable skin desease)

General prohibition of unfairness (UCP Act Art. 3(2)) with reference to the cosmetics regulation

The specifics - others

Any other devices, clothes, goods, etc., which are not certificated as pharmaceuticals, foods, cosmetics or medical devices

Health claims are investigated on the basis of the UCP Act

The cases - others

Vj/56/2012. (Energy Spiral)

The related topics

1 Fines

2 Commitments (Vj/18/2013., Teva)

Thank you for your attention!

grimm.krisztina@gvh.hu