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A Challenge to the Country of Origin-Principle - Website marketing, The Saga Continues

Kristine Lilholt Nilsson, Christian Marquard Svane

This article deals with the determination of which information is relevant, when determining whether a product, otherwise marketed as a food supplement, should be regarded as a medicinal product by presentation. The Danish authorities have issued a decision on this topic which is likely to have wide-reaching consequences for any company engaging in the selling of food supplements on the Danish market. The Danish approach towards the definition of medicinal products “by presentation” and the fact that the authorities take into account information published on foreign websites both in and outside of the EU will have far-reaching implications. Because of the implications, the Danish interpretation is likely to end up in court one day. At that point it will be interesting to see if the court agrees with the Danish authorities on the interpretation. Until then, companies who are present in the Danish market are advised to take care and consider their online strategy.


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