OGH: Nasenspray als Medizinprodukt oder (Funktions-/Präsentations)Arzneimittel?

The article discusses whether a specific nasal spray should be classified as a medical device or as a medicinal product. According to the Supreme Court, this nasal spray, which primarily acts physically and neutralizes viruses before they affect the mucous membrane, is not considered a medicinal product. The misleading of a product is only examined based on specific claims. The appellate court classified the nasal spray as a medical device because it has a physical effect and neutralizes viruses before they attack the mucous membrane. The plaintiff argued that the product should be classified as a medicinal product and contains misleading statements. The Supreme Court confirmed the appellate court's decision and referred to a decision of the German Federal Administrative Court. The question of whether it is a presentation medicinal product was no longer relevant in the appeal process. [Extracted from the article]