Facts
The [X. AG] had launched a product called "Jana Cosmetics Body, firming gel for problem areas" on the market. The Cantonal Laboratory Aargau objected to the information on the tube, packaging, and package insert of this product on May 31, 2001, and granted the company a deadline until June 21, 2001, to make the requested adjustments.
Upon objection by [X. AG] , the Cantonal Laboratory Aargau confirmed this ruling on July 3, 2001. The [X. AG] appealed to the Health Department of the Canton of Aargau, which rejected their appeal on August 18, 2003. The appeal filed by [X. AG] against this decision was dismissed by the Administrative Court of the Canton of Aargau with a 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 tube, carton, and package insert of the product are in compliance with the law.
Considerations
The Federal Court has considered that against the ruling of the Cantonal Laboratory Aargau based on federal food legislation, the administrative court appeal to the Federal Court is ultimately open (Art. 54 of the Federal Act of October 9, 1992, on Food and Consumer Products [FoodA, SR 817.0]; Art. 97 FJA in conjunction with Art. 5 APA and Art. 98 lit. g and Art. 98a FJA).
The cantonal authorities objected to the use of the following formulations for "JANA Cosmetics Body, firming gel for problem areas": a) On tube and packaging: JANA firming gel for problem areas with the unique, effectiveness-tested active complex Perfeline. This stimulates microcirculation in combination with massage, supports fat reduction, and drainage and firming of connective tissue; b) on the package insert: ... Perfeline. In combination with massage, this active complex is known for its supportive effect on fat reduction…