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Product Regulation & Liability

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In December 2021, the existing exemption that excludes medical devices and in-vitro diagnostics from the application of sections 18A and 18B of the Medicines and Related Substances Act was extended. This extension means that suppliers of medical devices and in-vitro diagnostics are permitted to supply their products according to bonus, rebate and incentive systems for another three years.

The Ministry of Health issued Resolution No. 137 of 2 December 2021 (“Resolution”) that establishes the guidelines for the labeling of foods for human consumption that contain (i) sugar, (ii) saturated fats and (iii) trans fats. The Resolution entered into force on 7 December 2021. The Resolution regulates the labeling of foods through the use of front labeling on the containers and is applicable to manufactured or packaged foods that are marketed in the country.

With effect from 1 January 2022, the provisions of the recent amendment of Act No. 127/2005 Coll., on Electronic Communications and on Amendment to Certain Related Acts relating to the storing and accessing of cookies and other information on users’ devices and telemarketing, have become effective.

On 25 November 2021 (Case C-102/20), the European Court of Justice (ECJ) ruled that displaying advertisements directly in the e-mail inbox, so-called inbox advertising (“Inbox Werbung”), is only permissible with the recipient’s prior consent. The ECJ’s reasoning can also apply to the legal situation in Switzerland on the basis of the provisions of the Federal Act against Unfair Competition.