Borderline of products
The correct classification of a product is essential for its lawful marketing. Substances in particular but also objects can be classified to different groups of products – according to chemical composition, effect and labeling – and thus be subject to different market access requirements.
This problem is significant for the area of health/nutrition/wellness, since comparable products can be classified as pharmaceutical drug, food, medical device, biocide or cosmetic product. Due to the fact that competitive behavior is subject to the control of competitors false product classifications may not only lead to authority complaints but also to court-imposed prohibitions with immediate effect obtained by competitors. Thus, there are numerous judicial decisions to consider.
As it has been repeatedly pointed out by the Sector Handbook JUVE, we have been supporting our clients in this special area for many years and have thus gained particular expertise based on our extensive specialized knowledge. Our advisory services aim to develop products as legally secure as possible without however restricting their successful marketability. We defend our clients‘ products regularly against competitors, authorities and also in court.
Areas of focus
- Borderline of pharmaceutical drugs
- Bordeline of food products
- Borderline of medical devices
- Borderline of cosmetic products
- Borderline of biocides