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Laboratories vs. Simply You Pharmaceuticals

Czech Republic

Apr 05, 2022

From the mere finding that products having the public nature of food supplements are labelled during trade with information on the effects of those products on human health, it cannot be concluded that the placing of such labelled products on the market, contrary to good moral competition standards and with the potential to mislead consumers, constitutes conduct within the meaning of Art. 2976(1) of the Civil Code

Infringement of the legislation on the labelling of food supplements with information on the effects of such products on human health constitutes unfair competition. It is an act in the course of trade which constitutes a breach of good moral competition standards which at the same time could cause harm to other competitors or customers. The capacity of such conduct to cause harm to other competitors or customers need not be solely the result of misleading customers.

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