EU Court clarifies: borderline disputes and health claims

The EU Court of Justice clarifies in two recent decisions

a.  what ‘pharmacological action’ means for the purpose of determining whether a product can be properly regulated by the medicines regulatory regime or by another regulatory regime;

b.  whether a statement can be properly considered a health claim in relation to a food product.

Both decisions are relevant to research and development as well as commercialisation of healthcare products and consumer products.