Questão jurídica principal
Whether the distribution of the information folders and dosage sheets constituted unlawful pharmaceutical advertising for unapproved indications.
Decisão extraída
Yes. The materials referred to a specific medicine and, in context, were meant to promote its use for addiction treatment; they were therefore advertising, not mere neutral information.
Fundamentação extraída
Under Art. 2 lit. a AWV, advertising covers measures intended to promote prescription, sale or use. Although off-label use is not per se prohibited, Art. 5 Abs. 1 AWV bars promotion of indications and uses not approved by Swissmedic. The overall circumstances, including promotional events and standardized dosing proposals, showed a promotional purpose.