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Case Details

Case Details
National ID MD 2013:7
Member State Sweden
Common Name link
Decision type Court decision in appeal
Decision date 30/04/2013
Court The Swedish Market Court
Subject
Plaintiff The Consumer Ombudsman (sw. Konsumentombudsmannen)
Defendant Z.M. with registered name Maxi Elit Norrköping
Keywords administrative authority, authorisation, endorsement

Unfair Commercial Practices Directive, Annex I, 4.

Marketing products without the mandatory permission from the competent authority constitutes a blacklisted commercial practice.
The defendant had marketed diet- and health products on its website. The products contained ingredients classified as pharmaceuticals but the products were not approved or registered by the Medical Products Agency. This was a behavior contrary to law.
The court found that the products should be considered pharmaceuticals and since the Medical Products Agency had not approved or registered the sale of the products, the marketing thereof constitutes a blacklisted commercial practice as it was claimed that the product was authorized by the competent public body.
Does advertising and marketing products without the mandatory permission of the competent authority constitute a blacklisted commercial practice?
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The marketing was found to constitute unfair marketing practice and the plaintiff was granted its request.