Munich Regional Court I prohibits advertising for weight loss preparation based on medicinal advertising law
On February 29, 2024, the Munich Regional Court I, in case 4 HK O 15458/24, issued a preliminary injunction against the promotion of a so-called ‘weight loss injection.’ The subject of the decision was the question of whether an advertising measure for a prescription-only medicinal product used for weight reduction is compatible with the provisions of the German Act on Advertising of Medicinal Products (HWG). The decision is not yet final; the main proceedings are pending as of March 2025.
Basis of the prohibited advertising
According to the decision, a company advertised a prescription-only medicinal product, primarily used for the treatment of obesity, on a website. The advertisement specifically involved claims regarding the effects and outcomes of the so-called weight loss injection in connection with weight reduction. The Munich Regional Court I viewed this as a violation of Section 10 (1) HWG, which prohibits advertising prescription medicines to the general public. The primary purpose of the regulation is to protect the population from improper influence in connection with prescription medicinal products.
Advertising and public perception
At the center of the assessment by the Munich Regional Court I was the question of whether the disputed presentation constitutes ‘advertising’ within the meaning of Section 1 (1) Sentence 1 HWG. The court answered in the affirmative, since the information on the website was suitable to encourage the public to purchase or use the medication—regardless of whether an actual purchase offer was made. In particular, according to the court, presenting specific treatment outcomes and potential successes related to the administration of the medication influenced consumers’ decisions regarding possible use.
Legal situation regarding advertising for prescription medicines
According to Section 10 HWG, public advertising for medicines that may only be dispensed on prescription is prohibited. This provision serves to protect health and prevent self-medication with potentially risky pharmaceuticals. Companies may only inform professional publications or medical personnel within the scope of the professional circle privilege about such products, not the general public. However, the contested advertisement was, in the court’s view, directed directly at end consumers and therefore exceeded the statutory boundaries.
Commercial interests vs. consumer protection
The decision once again highlights the tension between the legitimate commercial interests of pharmaceutical companies and the purpose of the law, to protect consumers from misleading and health-endangering advertising claims. Advertising measures must not create the (false) impression that obtaining medication without medical advice is straightforward and risk-free—particularly for prescription medicines, where side effects and contraindications must be considered.
Consequences for companies in the pharmaceutical and healthcare sector
The decision of the Munich Regional Court I has immediate practical relevance for suppliers and marketers of medicinal products. The legal situation requires a careful review of all advertising and communication measures to avoid violations of the HWG and the resulting costly warnings or preliminary injunction proceedings. In this specific case, merely presenting alleged or actual treatment successes without sufficient neutral information may already represent a risk for advertisers.
Status of the proceedings and further development
According to the knowledge as of March 2025, the main proceedings remain pending. Until a final decision is made, it remains to be seen whether the Regional Court will confirm the considerations made in the preliminary legal protection. The presumption of innocence applies. Changes in case law and amendments to legal regulations in this sector cannot be ruled out and should be continuously monitored.
Significantly increased regulatory requirements
With regard to the German and European market, pharmaceutical companies and distribution organizations must continuously adapt to rising regulatory requirements—especially with innovative medicinal products or those subject to increased public attention.
Source
Regional Court Munich I, Decision of 29.02.2024, Ref. 4 HK O 15458/24; urteile.news, retrieved on March 5, 2025.
Should questions arise in the legal assessment of advertising measures related to prescription medicines, MTR Legal Rechtsanwalt is available with comprehensive experience in the fields of distribution, commercial, and health law.
