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A manufacturer of a homeopathic remedy was sued by the consumer organization Verbraucherzentrale and lost his case.
But the story is not over because the company still can appeal against the judgement.

The press release translated into English:

https://www.verbraucherzentrale.nrw/pressemeldungen/presse-nrw/irrefuehrende-werbung-fuer-meditonsin-tropfen-urteil-gegen-hersteller-78530

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Misleading advertising for Meditonsin drops: judgement against manufacturer
Press release from 10.11.2022

Manufacturer of homeopathic cold remedy may not advertise with false health promises

    Dortmund Regional Court does not see sufficient evidence for certain advertising claims made by the manufacturer.
    Legal opinion of consumer protectors confirmed: Statements may not suggest a certain success of treatment.

At cold time, many people in Germany turn to Meditonsin drops, a homeopathic medicine. The Consumer Advice Centre NRW had warned the manufacturer MEDICE Arzneimittel Pütter GmbH & Co. and sued them for misleading advertising statements. The advertising gave the false impression that an improvement in health could be expected with certainty after taking the product, that no side effects were to be expected and that the product was superior to "chemical-synthetic medicines". However, a study used by the manufacturer was not convincing for the Regional Court of Dortmund.

No sufficient evidence for advertising promises

On its website, the Iserlohn-based manufacturer advertised Meditonsin drops with several misleading advertising promises. Under the heading "Proven efficacy & tolerability", the results of a "current, large-scale user study with more than 1,000 patients" are presented. According to a pie chart, 90 percent of the patients were satisfied or very satisfied with the effect of Meditonsin. However, this was only a "pharmacy-based observational study" with little scientific significance, as the NRW Consumer Advice Centre had pointed out in its statement of grounds for action. Despite the lack of evidence, the manufacturer claims that this "once again impressively confirms the good efficacy and tolerability of Meditonsin® Drops". The Regional Court of Dortmund followed the reasoning of the NRW Consumer Association.

Successful treatment cannot be expected with certainty

"It is not allowed to advertise with statements that give the false impression that a successful treatment can be expected with certainty, as the advertisement for Meditonsin drops suggests," emphasises Gesa Schölgens, head of "Faktencheck Gesundheitswerbung", a joint project of the consumer centres NRW and Rhineland-Palatinate. According to the Heilmittelwerbegesetz (HWG), this is prohibited. In addition, the Regional Court of Dortmund considers consumers to be misled by the advertising because the false impression is created that no harmful side effects are to be expected when taking Meditonsin drops. The package leaflet of the medicinal product lists several side effects, according to which there could even be an initial worsening of the symptoms after taking the product.

The manufacturer's alleged advantage of the "natural medicinal product" over "many synthetic chemical medicinal products which only suppress the symptoms" is also inadmissible. This is because it is not permitted to advertise to consumers with claims that the effect is equivalent or superior to another medicinal product. The Regional Court of Dortmund confirmed the inadmissibility of the advertising claims in its judgement, which was pronounced on 23 September 2002. It is still possible to appeal against the judgement.

Consumers can report misleading advertising to the project "Faktencheck Gesundheitswerbung" via the contact form.


Further information and links

    More about alternative medicine and its risks:
    https://www.faktencheck-gesundheitswerbung.de/node/65016

    More on the effectiveness of homeopathic medicines and the legal situation regarding advertising:
    https://www.faktencheck-gesundheitswerbung.de/node/58914

Please note that the report reflects the state of affairs at the time of its publication.
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The original post:

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