Facts
The [X. AG] produces and distributes cosmetic products, in particular the "Soft Clear" line. The Cantonal Laboratory Aargau objected to two products of this line as well as a package insert that concerns nine products of this line on January 7, 2002, and granted the company a deadline until January 28, 2002, to notify which measures would be taken to ensure that the information on the products or the package insert complies with the requirements of the Ordinance of March 1, 1995, on Consumer Products (OU; SR 817.04).
Upon appeal by [X. AG] , the Cantonal Laboratory Aargau confirmed this ruling on August 9, 2002. The [X. AG] appealed to the Health Department of the Canton of Aargau, which rejected their complaint on August 18, 2003. The Administrative Court of the Canton of Aargau dismissed the appeal filed by [X. AG] against this decision with judgment of August 17, 2004.
With an administrative court appeal of December 16, 2004, [X. AG] requests the Federal Court to overturn the judgment of the Administrative Court and to establish that the "advertisements" on the two products and the package insert are permissible.
Considerations
The Federal Court has dismissed the administrative court appeal of [X. AG] , insofar as it can be considered. The lower court had considered the notices on the products, which prevent the formation of pimples, as inadmissible in the sense of Art. 3 para. 2 OU.
The Federal Court has confirmed this opinion and established that the contested products of the "Soft Clear" line are undisputedly consumer products within the meaning of Art. 5 lit. b FoodA. According to Art. 3 para. 2 OU, any…