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812.21 HMGLPTHLATER CH AI generated

Art. 23 Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Categories of medicinal products

TPA; Chapter 2 Medicinal Products
Open official source Full Act (141 Articles) Machine-readable Markdown (.md)

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Medicinal products shall be classified into categories according to whether or not they are subject to prescription. A category of over-the-counter medicinal products shall be created for which neither medical and pharmaceutical nor professional customer advice is required. Articles 24–27 and 30 do not apply to this category. {note: Amended by No I of the FA of 18 March 2016, in force since 1 Jan. 2019 ( AS 2017 2745, 2018 3575; BBl 2013 1).} The Federal Council shall lay down the classification criteria. {note: Amended by No I of the FA of 18 March 2016, in force since 1 Jan. 2019 ( AS 2017 2745, 2018 3575; BBl 2013 1).}

Art. 23 TPA · Categories of medicinal products

Medicinal products shall be classified into categories according to whether or not they are subject to prescription.

A category of over-the-counter medicinal products shall be created for which neither medical and pharmaceutical nor professional customer advice is required. Articles 24–27 and 30 do not apply to this category.

The Federal Council shall lay down the classification criteria.

← Art. 22 TPA Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Purpose Art. 23a TPA →

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Court Decisions Applying This Provision (8)

VPB 08-1321-6731 (Art. 23 à 30 LPTh)
Swiss Approval of Foreign-Approved Products
These articles are referenced for the adaptation of regulations concerning the classification, reclassification, and dispensing of medicines to promote self-medication and liberalize OTC medicine dispensing.
C-5010/2019 (Art. 23 Abs. 1 HMG)
Medication Reclassification Upheld Due to Safety Concerns
This provision establishes the principle of categorizing medicines into prescription and non-prescription types.
VB.2014.00340 · zh (Art. 23 Abs. I HMG)
Mail-Order Pharmacy Prescription Requirement Affirmation
This provision, concerning the sale of medicinal products, forms the main ground for upholding the authority's decision regarding the conditions for ordering prescription medicines.
VB.2014.00340 · zh (Art. 23 Abs. II HMG)
Mail-Order Pharmacy Prescription Requirement Affirmation
This provision, concerning the sale of medicinal products, forms the main ground for upholding the authority's decision regarding the conditions for ordering prescription medicines.
C-6050/2008 (Art. 23 ff. HMG)
Seizure of Unapproved Medication for Personal Use Upheld
Concerns the classification of medicines based on their potential to endanger health and the requirement for ongoing medical supervision.
VB.2005.00045 · zh (Art. 23 HMG)
Pharmacist Dispensing Authorization for Vital Substance Preparations Appeal
This provision is listed among the cited legal norms that form the basis for the decision regarding the refusal of authorization.
VB.2014.00340 · zh (Art. 23 Abs. I HMG)
Mail-Order Pharmacy Online Prescription Requirement Upheld
This provision is cited in the context of the regulatory framework applicable to dispensing categories, which is implicitly the basis for the upheld order.
VB.2014.00340 · zh (Art. 23 Abs. II HMG)
Mail-Order Pharmacy Online Prescription Requirement Upheld
This provision is cited in the context of the regulatory framework applicable to dispensing categories, which is implicitly the basis for the upheld order.