12 September 2024 – In its decision dated 2 September 2024, the Federal Administrative Court upheld the orders issued by Swissmedic against a publisher regarding its article titled «This is how risky new medicinal products are.» («So riskant sind neue Medikamente.»). The Court affirmed that the article constituted advertising for prescription-only medicinal products, which is prohibited under the Therapeutic Products Act (Heilmittelgesetz; TPA). It confirmed the decisions to prohibit further publication, remove the online version of the article, and issue a correction in the next print issue of the magazine.

The Court rejected the publisher’s argument that the article was merely an editorial piece and not advertising. It confirmed that the article failed to meet the required standards of completeness, balance, and factual accuracy. The measures taken by Swissmedic were deemed necessary and proportionate to safeguard public health.

The Court also dismissed claims of censorship and infringement on press freedom, concluding that the need to prevent misleading information justified the restrictions. The publisher must include a notification in the upcoming magazine issue explaining the ban on the article and the removal of its online version.

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