Case law

  • 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
  • Directive Articles
    Unfair Commercial Practices Directive, Annex I, 4.
  • Headnote
    Marketing products without the mandatory permission from the competent authority constitutes a blacklisted commercial practice.
  • Facts
    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.
  • Legal issue
    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.
  • Decision

    Does advertising and marketing products without the mandatory permission of the competent authority constitute a blacklisted commercial practice?

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The marketing was found to constitute unfair marketing practice and the plaintiff was granted its request.