Federal Administrative Court
Exemplified a decision there may be of the higher administrative Court of North Rhine-Westphalia, which has been classified a horse ointment containing 0.5% camphor veterinary cosmetic rather than as a veterinary medicinal product (decision of the 26.04.2005, ref.: 13 A 1010/03). Which is the Federal Administrative Court countered in the meantime however and has made it clear in a recent judgment, the concept of medicines in the demarcation of veterinary medicines and animal cosmetics is interpreted (judgment of May 16, 2007, file number: 3 C-34.06). Presupposes the classification as medicinal products according to the Court that there is a “significant” impact on the metabolism, or a “real” influence of operation conditions of the animal body. It must be so exceeded a certain substantiality. Intervention in the body function, that are completely irrelevant, could not justify its association with drugs, however. This postulate of the Supreme Administrative Court, products not rashly as To classify medicines, earned applause in principle. However, bears the character of a rule of thumb rather the criterion of a “real” influence on the conditions of the function or a “significant” effect on the metabolism, drawn up by the Court and is not well adapted to clarify the notion of the (functional) medicinal in practically manageable way.
Ultimately it’s therefore, when determining whether a product as a medicinal or cosmetic animal classified is always on the specific case, in particular on the opinion of the pharmaceutical and veterinary science regarding the specific use of a particular substance in a particular product. For the aforementioned horse ointment containing 0.5% camphor the Federal Administrative Court as a result of such an individual examination has otherwise denied as the higher administrative Court of North Rhine-Westphalia in the Court – the property as a medicinal -, because the evidence for the existence of a significant influence on the physical conditions of the function were not sufficient it. A free ticket for Kamp forth-containing Products is therefore not however granted; Depending on the composition and application of the respective product other Kamp manufacturer-containing preparations may not be quite to be classified as medicines. As a whole can be stated thus: the product category of the animal metics is particularly appealing, but is also particularly difficult to delineate to veterinary medicinal products. Therefore in the product development requires not only an exact referral with the existing scientific evidence, but also great caution in formulating the appropriate advertising and promise of work. With his “horse ointment” judgment of May 16, 2007, the Federal Administrative Court has though the course towards a liberalisation in the set a restrained, moderate application of animal medicines law in favor of the category of pet cosmetics. Just authorities do but experience has shown that a tough, pragmatic implement such liberalisation initiated by the case-law in the particular case of everyday business. The distinction between medicinal products and cosmetics of animal remains so exciting. Other non-binding and free information related to the pharmaceutical law, see
