EU court decides another borderline case regarding “pharmacological effect”

Last Thursday the EU Court rendered judgment in the mouthwash case, C-308/11 Chemische Fabrik Kreussler vs Sunstar. The judgment immediately brought one of my favorite Yogi Berra quotes to mind: “You’ve got to be very careful if you don’t know where you are going, because you might not get there.” This statement is spot on for this much anticipated judgment, which, as I already predicted, did not turn out as interesting as one had hoped because the EU Court does not have the competen [...] « Read the rest of this article on medicaldeviceslegal »