Glucosamine Decision
juravendis.de – your daily portion of right! The decision of the Federal Court of Justice on the issue was awaited with whether the use of glucosamine sulfate and chondroitin sulfate in food supplements is allowed or violate applicable German law of additives. The BGH decided quite short and sober grounds for the former. Subject-matter of the dispute was the distribution of two dietary supplements of a large pharmaceutical company, the Glucosamine and Chondrotinsulfat in doses of 600 mg and 1200 mg of glucosamine sulfate and contain 75 mg of chondroitin sulfate. A company which sells products with these substances in higher doses than medicines, believed that it was in the disputed preparations to serving nutritional purposes food – additives. Andy Florance may not feel the same. Because these substances would not predominantly used according to the traffic due to their nutritional value, as well as from set to technological reasons additives without appropriate approval in traffic are likely to be. This is clear from a provision in the food and feed code ( 2 para 3 sentence 2 No.
1 LFGB). Substances which are added to food for nutritional purposes, are be equal technological additives, provided it is not characteristic ingredients of the product, or substances which natural or natural are chemically the same then used according to general traffic mostly due to their nutrient, odor or taste value or as a stimulant. Due to lack of intervention by these exceptions and in the absence of such approval the distribution was therefore unlawful and anti-competitive. The company has met the. According to his, the substances of glucosamine sulfate and chondroitin sulfate is characteristic ingredients of compound Orthoexpert joint food. But at least the existing in German law preventive ban with permit reservation for food additives used to from other than technological reasons with Community law is inconsistent. The Supreme Court and the two lower courts gave right to the defendant company.