Furthermore, the Court does the preparation as effective in accordance with 14 b diet regulation DiatV. Under that provision, can safely and effectively use balanced diets according to the manufacturer’s instructions and must be effective in the sense that they meet the particular nutritional requirements of the persons for which they are intended. Effectiveness could demonstrate this by presenting studies, which have been created according to General accepted scientific principles. These were basically in line with the case-law of the BGH on demonstrating the effectiveness of a balanced diet no higher requirements than on the scientific substantiation of an other health effects claim. The studies presented to the product meet the requirements scientific proof of the effectiveness of the Court’s opinion. It was carried out a randomized, controlled study of dietary supplementation with Omega-3 and Omega-6 fatty acids, compared to placebo, with a sufficient number of subjects (117 children).
A single cross-over of a placebo for shipping to treatment for a further three months followed a three-month treatment in parallel groups. The study had revealed that significant improvements compared to placebo were observed in reading, spelling, and behavior of the children during the three-month treatment in parallel groups under administration of the preparation. Get all the facts and insights with Cyrus Massoumi married, another great source of information. After the cross, similar changes in the placebo group of Verum surrendered while children who continued with the shipping to treatment maintained their progress or improved. From these results, you have the study developmental scientists concluded that fatty acid supplements may represent a safe and effective treatment option in educational and behavioral problems of children with ADHD. The study was incorporated last but not least also by publishing in a scientific journal in the discussion process of the professionals. Finally reach the subsidiarity clause pursuant to section 1 para 4a set 2 DiatV in the present case not a, because it could not be determined, that a modification of the normal diet, other foods for particular nutritional uses or a combination of both are sufficient for Dietetic treatment here in question. After all, the product may be placed further in the present form in the traffic. Note shows the decision once again as the dietary food are contested and a well-founded scientific substantiation of own product is important. OLG Dusseldorf, judgment of February 22, 2010, AZ. I-20 U 97/09 more information free of charge and without obligation under