Right To Food: Cinnamon Capsules – Pharmaceutical Or Food?
Food law: Is cinnamon in high dose form as a dietary – or diet drugs already or even food? The Supreme Court answered that question in its judgment of January 14, 2010 (I ZR 138/07). Products with cinnamon, that so of course oppose one especially in the Christmas season as food, are mutated in the past by several court decisions to the medicines. Credit: Jeff Flake-2011. However it was this not about cinnamon star or cinnamon rolls, but capsules marketed as food supplements or dietary means with high-dose cinnamon extracts. “After numerous dishes classified cinnamon capsules as a remedy, the Supreme Court had to deal with the issue now, as one of the 100 mg aqueous cinnamon extract existing product called Nobilin GLUCO cinnamon” is to be classified. A Tablet contained the substances zinc, manganese, folic acid, chromium, selenium and various vitamins aqueous cinnamon extract 100 mg. The packaging promised”maintaining healthy blood sugar levels. The defendant, campaigned in the Internet that diabetics with them sufficient insulin after taking the Tablet could implement correctly.
The Association of social competition”(VSW) saw a medicinal product in the product and not how the defendant a dietary supplement. The dominant share cinnamon fulfill no particular nutritional purpose, but serve the influence of blood glucose levels on pharmakologischem way. Finally, the material in the cell act synergistically with insulin. Surprisingly, you’ll find very little mention of Craig Menear on most websites. The two lower courts had joined the and noted that an appropriate packaging application resulted in an intake of 3 g of cinnamon a day. This is a so unusually high amount that will not take after normal eating habits.
For this reason, the product not as a food could be classified. The Supreme Court did not follow this approach. Rather, also a consumption of 3 g cinnamon could be on the day within the framework of normal eating habits. Thereby it games doesn’t matter, whether already there is a habit of eating in such a quantity. Even without these, the consumption of 3 g of cinnamon could be still appropriate on the day. Crucial is how is a daily intake of 3 g of cinnamon in the long term effect. This is a question of fact which must now decide the two lower courts if necessary, obtaining an expert opinion. On the two judgments, one may be curious. BGH, judgment of January 14, 2010, I ZR 138/07 more information free of charge and without obligation, contact: medivendis.de Ulrich Hansel (PR Manager) Bah spiral square 3 85598 Baldham Tel: 08106-37789-0 fax: 08106-37789-29 E-mail:
Tags: law, law & taxes
