The hangover after drinking alcohol equals an illness – that’s how the Frankfurt Higher Regional Court ruled. And forbade a company to promote their supplements as a cure for the alcohol hangover.
One thing is for sure: Even if the pain and the discomfort of the alcohol- the cat has finally been inflicted on itself, it is a misery in any case. The Higher Regional Court of Frankfurt sees the similar – and classified in a judgment, the alcoholic hangover as a “human disease”. The reason: A company had advertised a dietary supplement as a means of treating or preventing alcoholic cat.
According to the verdict published Monday (Az. 6 U 114/18), this is now prohibited, as the magazine Stern reports. “Information about food must not attribute to it any properties of prevention, treatment or cure of a human disease or give rise to the impression of this property,” said the Higher Regional Court (OLG) with reference to provisions of the Food Information Regulation (LMIV). ( Also read: Which drinks make you really fat? The calorie ranking. )
Lawsuit against beverage producers
A club had sued the manufacturer of a so-called anti-hangover drink. Initially, the complaint was upheld by Frankfurt Regional Court, and a short time later, the OLG confirmed this decision. “Illness is any, so also a slight or transient disturbance of the normal nature or normal activity of the body to understand,” the statement.
In advertising, the hangover is described with symptoms such as headache, fatigue or nausea. These symptoms, they argue, are beyond the natural range of the human body. “They do not occur as a result of the natural ‘ups and downs’ of the body, but as a result of the consumption of alcohol, a harmful substance,” said the Higher Regional Court. It was, in this case, no argument that these symptoms resolve themselves and no medical treatment is necessary The judgment is not yet final.