14 April 2025 – In its decision of 14 April 2025, the Federal Administrative Court rejected the appeal filed by A. AG, who had challenged the decision of the Swiss Agency for Therapeutic Products (Swissmedic) prohibiting any further publication of an article in the journal A.

A journalist had published an article in journal A., regarding her personal experience with migraine attacks. In the article, among other things, the journalist described having tried every conventional medicine, but having to discontinue all therapies due to lack of effectiveness or severe side effects until the new ingredient B. was approved. She went on to state that the active ingredient B. marketed under the brand name X. was a revolution in the treatment of migraines. With X. she had been able to reduce the number of her attacks by two-thirds without any side effects. The only negative point mentioned was the high cost of the drug and that health insurance companies would only cover the costs under certain conditions.

Swissmedic had prohibited any further publication of the article, among others, based on art. 32 para. 2 let. a Therapeutic Products Act (TPA), stating that in the way the article was phrased, it constituted a violation of the absolute prohibition of advertising prescription-only medicines to the public. The appellant contended that an editorial article about a medicinal product which was not based on an intention to promote sales would not constitute advertising in the sense of the TPA.

The Federal Administrative Court agreed with Swissmedic, holding that since the article revealed a clear preference for the new drug X. it gave readers the impression that this novel drug would be superior to conventional medical therapies currently available and that it had no side effects. The reporting on the drug was one-sided and did not mention any adverse properties such as undesirable side effects. It therefore lacked the balance and objectivity required for information of a general nature about health or diseases and was to be categorised as a prohibited advertisement in the sense of art. 32 para. 2 let. a TPA.

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