The concepts of ‘food for special medical purposes’, ‘medicinal product’ and ‘food supplement’ are mutually exclusive, with the result that a decision must be made in each case as to which of these categories a given product belongs to, the Court of Justice of the European Union ruled in its judgment of March 2, 2023 in the Kwizda Pharma case (C-760-21). The Court’s interpretation of these concepts and the individual elements of their definitions provides valuable interpretative guidance for pharmaceutical industry entities when qualifying their own products appropriately.
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