After a sociable evening with alcoholic drinks, many people suffer from the well-known "hangover" the next day. Headaches, nausea and a general feeling of malaise are typical symptoms that can be attributed to the consumption of alcohol. But why does a hangover occur and what remedies can help? Alcohol deprives the body of water and important minerals, which leads to dehydration and an imbalance in electrolyte levels. These factors are considered to be the main cause of the unpleasant feeling after drinking alcohol. In recent years, increased awareness of these connections has led to so-called anti-hangover remedies becoming increasingly popular.
Popular anti-hangover remedies
Products such as Party Fly and Elotrans are enjoying growing demand. Elotrans in particular, originally developed as a remedy for gastrointestinal disorders, was at times used as a popular anti-hangover product due to its electrolyte composition. In German pharmacies, it was reportedly even sold out at times for this reason. The increasing popularity of anti-hangover remedies shows how important it has become for many people to recover quickly after an evening of drinking. Whether classic electrolyte solutions or innovative products such as Party Fly. The demand for effective anti-hangover solutions is unbroken.
However, not every product that helps against a "hangover" may be advertised as such. In a recent ruling (default judgment of 14.11.2024, ref. 6 Ukl 1/24), the Higher Regional Court of Frankfurt am Main ruled that advertising a mineral tablet as an "anti-hangover" remedy on the Amazon platform is misleading.
The legal background to the ruling
According to the ruling, such advertising violates Art. 7 Para. 3 of the EU Food Information Regulation. According to this, it is prohibited to attribute properties to foodstuffs that serve to prevent, treat or cure diseases. The judges classified the advertised mineral tablet as a foodstuff, as it is absorbed by humans. The purpose of the EU Food Information Regulation is precisely to counter the risk of food being regarded as a substitute for medicines and taken without sufficient information.
The broad definition of food in the EU regulation serves to protect consumers by preventing food from being misperceived as a substitute for medicinal products. This is intended to prevent misleading use without sufficient information.
Is a hangover a disease?
An interesting question that the Frankfurt Higher Regional Court also addressed in this context is: Is a "hangover" an illness at all? The judges' answer: Yes, the "hangover" fulfills the criteria of an illness. This classification also has relevance under employment law, for example when it comes to the question of whether a sick note is permissible due to a "hangover".
Since a "hangover" is considered an illness, advertising claims such as "relieves hangover symptoms" or "prevents a hangover" are not permitted if they refer to a food.
What online store operators should bear in mind
This ruling shows how important it is for online stores to be legally compliant. In addition to product descriptions, pricing is also repeatedly the focus of legal disputes. You can find an example of this in our article on the legal assessment of discount prices.
Our recommendation: If you are unsure about product and pricing in your online store, seek advice from an experienced lawyer. We will support you with our expertise to minimize legal risks.
