Federal Administrative Court, Decision C-5006/2019 of 31 March 2021
6 mai 2021 – In this decision, the Federal Administrative Court had to assess whether Swissmedic was right to reclassify the appellant's medicine from dispensing category C to dispensing category B. The appellant filed an appeal against this decision and demanded that the medicine be reclassified as dispensing category D. In particular, the appellant argued that the mere fact of the potentially improper use of the active substance was not sufficient to meet the relative exclusion criterion (according to the Institute's catalogue of criteria) for non-classification in dispensing category D and that it was obvious that every medicinal product had a certain potential for misuse. After careful examination, the Federal Administrative Court could not agree with this argumentation and dismissed the appeal.
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