The defendant launched an advertisement for magnetic tape and magnetic back belt impact, stating that it has positive impact on illness or functional disorders.
The advertisement included statements such as “Get rid <…> of joint pain”, “Forget <…> the hurt of waist”, “Magnetic field relieves the pain”, “Magnetic field reveals back pain”, “Magnetic tapes of Dr. Levin retutns flexibility of joints”, “Magnetic field improves the condition”, etc.
The plaintiff held that this was misleading as the products are presented as medical devices, whereas in reality they are not. Medical devices need be tested and approved by the national authorities.
The defendant, on its turn, argued that the products where not directly described as medical devices in the advertisement.