German court bans 'no drowsiness' claim in allergy drug ads
A German court has blocked a pharmaceutical company from advertising its allergy medication with claims that it 'does not cause drowsiness'. The ruling came after a watchdog group challenged the marketing as misleading. The Frankfurt am Main Regional Court issued the decision on 23 April 2026.
The company had promoted its hay fever and hives treatment with phrases like 'allergy tablets that don’t make you tired'. These claims were paired with small-print notes stating that fatigue and drowsiness in studies matched placebo levels. However, the court found this reference insufficient to justify the bold advertising statements.
The product’s official information still lists drowsiness as a common side effect and fatigue as occasional. The Competition Chamber of the Frankfurt court granted a preliminary injunction, banning the 'does not cause drowsiness' claim. The case, numbered 2-06 O 135/26, remains open to appeal at the Higher Regional Court. The watchdog organisation had filed an urgent injunction, arguing the ads misled consumers about the drug’s effects. The court agreed, ruling that the placebo comparison did not prove the medication was free from causing tiredness.
The preliminary injunction stops the company from using the contested claim until a final decision is reached. An appeal could still overturn the ruling at the Higher Regional Court. For now, the product’s marketing must reflect the documented side effects more accurately.
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