Facts
The [X. AG] distributes the bath concentrates "Schlechtwetter Bad" and "Muskel Vital Bad", which are manufactured by tetesept Pharma GmbH. The packaging and package inserts of these products contain claims such as "Beneficial in case of risk of colds" and "Also beneficial in case of muscle soreness". The Cantonal Laboratory of Basel-Landschaft ordered on 4 April 2000 that these claims may no longer be used, as they violate the federal ordinance on consumer goods (OU).
The [X. AG] appealed this decision to the Government Council of the Canton of Basel-Landschaft, which rejected the appeal. The Administrative Court of the Canton of Basel-Landschaft dismissed a further appeal on 26 September 2001 and set a deadline for the [X. AG] to adapt the disputed packaging and package inserts.
The [X. AG] then filed an administrative appeal with the Federal Court and requested that the decision of the Administrative Court and the order of the Cantonal Laboratory be revoked.
Considerations
The Federal Court examined whether the claims on the packaging and package inserts of the bath concentrates violated the OU. It found that the cantonal authorities had prohibited the continued use of the claims based on Art. 3 para. 2 OU, which prohibits indications of a disease-healing, -relieving or -preventing effect of consumer goods.
The Federal Court found that the regulation of Art. 3 para. 2 OU is lawful and that the cantonal authorities had rightly considered the claims to be prohibited. It stated that the claims suggest that the products in question have a relieving effect in the mentioned disease…