Alcohol hangover is a disease

Who is hung over, feels bad. So much is clear. But he is also sick? This question was argued before the higher regional court (OLG) of Frankfurt.

In the process, it was a dietary supplements can prevent according to the manufacturer, a hangover or relieve it. Whether this Form of advertising is allowed, depends on whether you classify the cat as a disease or not.

The court of appeal ruled that the hangover, an illness (Az. 6 U 114/18). The decision is not appealable.

“Information about a food must this attribute the property of preventing, treating or curing a human disease, or the impression of this property, give rise to,” emphasized the court, under reference to the requirements of the food information regulation.

Not relevant if medical treatment is necessary

In the advertising of the hangover, with symptoms such as fatigue, Nausea and headache will be described. Symptoms such as these are outside the natural range of fluctuation of the human body. “They do not occur as a result of the natural ‘up and down’ of the body, but as a result of the consumption of alcohol, a harmful substance,” said the OLG. It was not relevant that the symptoms disappear regularly by itself and no medical treatment was needed.

It is the interest of the health, the concept of disease was to be interpreted widely. “Under disease, each, so even a minor or temporary disturbance of the normal condition or the normal activity of the body is to be understood,” says the OLG.

Before the court the Association had complained against the advertising statements of the manufacturer of an “Anti-Hangover Drinks”. After the district court upheld Frankfurt to the lawsuit, confirmed the court of appeal this decision in the appeal.