Facts
The Swiss Pharmacists Association filed an appeal against Zur Rose Suisse AG due to its mail-order business model with non-prescription medicinal products. The association requested that Zur Rose Suisse AG be prohibited from sending medicinal products of categories C and D to persons whose state of health had not been previously and demonstrably clarified in the context of a personal medical consultation and who did not have a prescription for the medicinal products in question issued by a doctor authorized to practice in Switzerland within the framework of the consultation.
The Administrative Court of the Canton of Thurgau dismissed the appeal, as the Swiss Pharmacists Association did not have party status in the administrative proceedings against Zur Rose Suisse AG. The association filed an appeal with the FSCA and requested that the judgment of the Administrative Court be set aside and that it be granted party status in the administrative proceedings against Zur Rose Suisse AG.
Considerations
The FSCA examined the appeal and came to the conclusion that the Swiss Pharmacists Association did not have party status in the administrative proceedings against Zur Rose Suisse AG. The association had claimed that its members were entitled to appeal because the mail-order model of Zur Rose Suisse AG had been approved in violation…