Borderline products

Although it may be immediately obvious that a product is a medicine and should be regulated as such, some products are more difficult to distinguish from medicines or medical devices and may function for a medicinal purpose and another purpose, such as a cosmetic purpose. For these products, the classification is not immediately clear and multiple regulatory frameworks may apply. For example, it may be uncertain whether a more complex healthcare product might be viewed as a medical device, cosmetic, food, dietary supplement, herbal medicine or biocidal product. Sometimes it is certain circumstances or if certain criteria are met or even claims made about the product’s use that might cause it to be classified as a medicinal product, so it can be unclear which regulatory framework one should comply with for an effective regulatory strategy. These products are called borderline products until their status has been decided.

The regulatory classification of a product can have important ramifications, for example, on how the product is regulated (and by whom), how long it will take before such product can be commercialised (especially if pre-market approval is required), how the

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Life Sciences weekly highlights—9 October 2025

This week's edition of Life Sciences weekly highlights includes analysis by Taylor Wessing LLP of damages quantification methodologies in the long-running Merck v Merck Sharpe & Dohme trade mark infringement case. Also included, is several stories covering the European Commission announcing its bold Apply AI and AI in Science strategies to advance the adoption of AI in scientific research, the Commission also has launched the AI Act Service Desk and Single Information Platform to support implementation of the AI Act, the EMA has launched a survey to identify key research priorities for AI in the development and evaluation of medicines and published its European Medicines Agencies Network Data Strategy, MedTech Europe published a reflection paper responding to the Commission’s Chemicals Industry Action Plan calling for realistic transition pathways and continued access to essential chemicals like PFAS in their downstream use for critical medical technologies and the DHSC launched a consultation to shape new regulations on the sale and composition of tobacco, vape and nicotine products. Further news includes stories that the British health technology industry body (ABHI) published its response to an EU consultation on proposed revisions to the EU medical device legislation, the EU pharmaceutical industry called for refinement of certain provisions in the EU’s General Pharmaceutical Legislation reform package, the UK High Court found that the DHSC was still entitled to some damages for Medpro’s breach of contract despite the DHSC failing to reject the PPE gowns within time, the MHRA halved clinical trial approval times to 41 days following regulatory reforms and digital platforms introduced in 2023, and the Commission has formally withdrawn the AI Liability Act; among other stories.

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