Conviction for Offenses against the Therapeutic Products Act through Trade in "Viagra"

Facts

The District Court of Rorschach convicted X. on December 9, 2005, among other things, of a commercial offense against the Therapeutic Products Act through the trade in "Viagra" during the period from January to October 2002. The Cantonal Court of St. Gallen confirmed this conviction on appeal on October 29, 2007.

X. filed a criminal complaint against this judgment with the request to be acquitted of the charge of a commercial offense against the Therapeutic Products Act.

Considerations

The Federal Supreme Court states that the objective elements of the offense under Art. 86 para. 1 of the Therapeutic Products Act (TPA) are only fulfilled if the conduct of the appellant concretely endangered the health of people. A mere probability or possibility of endangerment is not sufficient.

The Federal Supreme Court therefore remands the case to the lower court to examine whether among the customers supplied by the appellant with "Viagra" tablets, there were actually persons belonging to a risk group whose…