Federal Administrative Court, Decision C-4697/2019 of 9 August 2021

26. August 2021 – In this decision, the Federal Administrative Court had to decide whether Swissmedic had lawfully reclassified the appellant's medicines from dispensing category C to dispensing category B. The appellant requested that its medicines be reclassified as dispensing category D. In particular, the appellant disputed the fact that medicines containing narcotics must necessarily be classified as dispensing category B.

The Federal Supreme Court held that the provisions of narcotics law also preclude the classification of the medicines in dispute in dispensing category D. Thus, narcotics law leaves no room for druggists, who are not medical personnel under the legislation on medicinal products and narcotics, to be granted a licence to dispense the medicines in question.

The appeal was dismissed accordingly.

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