Federal Administrative Court, Decision C-6485/2016 of 19 March 2019

17. April 2019 – The Federal Administrative Court dismissed an appeal against an order by Swissmedic prohibiting the appellant from manufacturing or supplying transplant products on his premises. The Court considered it established that the appellant, who claimed to carry out only aesthetic treatments in his practice, also provided stem cell therapies for the treatment of medical diseases (e.g. multiple sclerosis). The manufacture of and treatment with transplant products is subject to authorization according to art. 49 of the Transplantation Act (SR 810.21) in conjunction with art. 5 and art. 9 et seq. of the Therapeutic Products Act (SR 812.21). The appellant did not have such authorization, which is why he was not allowed to carry out such treatments. Furthermore, the Court dismissed all allegations made by the appellant regarding the prohibition of retroactivity and the violation of the principle of legality and proportionality.