Court’s verdict: alcohol hangover is a disease

An alcohol hangover is a disease. Manufacturers of dietary supplements are not allowed to advertise, therefore, that your product helps with the hangover or prevent, as the higher regional court (OLG) of Frankfurt am Main on Monday published judgment decided. (Az: 6 U 114/18)

The defendant manufacturer sells a ready-to-drink "Anti Hangover Shot" and as a powder sold "Anti Hangover Drink". The mixtures of antioxidants, electrolytes and vitamins would help against a hangover, said. A competition the club held the appropriate advertising to be inadmissible and complained of to cease and desist – with success.

A hangover or "Hangover" a disease, the higher regional court of Frankfurt was. Because the definition of the disease close "a minor or temporary disturbance of the normal condition or the normal activity of the Körpers" a.

Medical term: "Veisalgia"

The term hangover circumscribe corresponding symptoms such as fatigue, Nausea and headache. No role-playing it with a hangover, "the symptoms regularly disappear on their own and no medical treatment bedürfen". There is even a medical term – "Veisalgia".

The advertising of the manufacturer suggest, the products are suitable for the treatment of the symptoms of an alcohol hangover or prevent a hangover. Such "health-related Aussagen" to foods are permissible only under strict conditions.

According to EU law, you have to be for the particular food or certain ingredients, are expressly approved. That is not the case, decided by the OLG.

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