Facts
The appellant [X.] was significantly involved in the manufacture and distribution of the preparations "[A.] " and "[B.] ". The preparation "[A.] " contained the active ingredient chondroitin sulphate, which is listed in the Swissmedic substance list in the dispensing category B. The preparation "[B.] " contained vitamins and minerals in dosages that significantly exceeded the maximum levels permitted for food supplements. Both preparations were distributed almost exclusively through physicians and were intended for medical effects on the human organism. Therefore, the Federal Court qualified the preparations as medicinal products within the meaning of the Therapeutic Products Act, for which authorisation would have been required. The appellant acted intentionally.Considerations
The Federal Court states that the distinction between foodstuffs and medicinal products must be made on the basis of objective criteria such as composition, effects and intended use of the product. The mere fact that an active ingredient is listed in the substance lists for the Medicinal Products Ordinance does not automatically make a product a medicinal product. Rather, the overall circumstances of the individual case must be taken into account. In the present case, the indications that the preparations distributed by the appellant are to be qualified as medicinal products…