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Pharmaceutical packaging with promotional surplus: The Federal Court of Justice (BGH) rejects appeal against non-admission

It remains the same: the advertising claims with which a pharmaceutical company from Hohenlockstedt advertised its OTC product on the outer packaging are inadmissible. The BGH dismissed the pharmaceutical manufacturer’s appeal against denial of leave to appeal without further explanation. The decision of the Schleswig-Holstein Higher Regional Court, which Merx Pütz Rechtsanwälte obtained on behalf of the plaintiff association, therefore stands. For the manufacturer, this means that any packaging still on the market must be withdrawn from circulation as quickly as possible. This should have been done long ago. Now haste is required.