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algae:pharma_medical [2026-09-13 21:02] – [EU Medical Devices Regulation (MDR)] robertalgae:pharma_medical [2026-09-14 00:40] (current) – [Good Manufacturing Practice (GMP)] robert
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 === Food supplement vs. medicinal product === === Food supplement vs. medicinal product ===
  
-Under Directive 2001/83/EC on medicinal products for human use, a substance is classified as a medicine either because of its __presentation__ (it is presented as having properties for treating or preventing disease in humans) or because of its __function__ (it is capable of restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action). Either criterion alone is sufficient — the "by function" definition is particularly important and has been confirmed by the CJEU in multiple rulings.+Under Directive 2001/83/EC on medicinal products for human use [[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02001L0083-20250101|Eurlex]], a substance is classified as a medicine either because of its __presentation__ (it is presented as having properties for treating or preventing disease in humans) or because of its __function__ (it is capable of restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action). Either criterion alone is sufficient — the "by function" definition is particularly important and has been confirmed by the CJEU in multiple rulings.
  
 This means that: This means that:
  
-  * An algal extract sold as a food supplement with claims limited to normal physiological function (e.g. "supports immune health") falls under food supplement law (Directive 2002/46/EC and national rules — see [[algae:food:supplements|Food Supplements]]).+  * An algal extract sold as a food supplement with claims limited to normal physiological function (e.g. "supports immune health") falls under food supplement law (Directive 2002/46/EC [[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02002L0046-20251126|EURlex]] and national rules — see [[algae:food:supplements|Food Supplements]]).
   * The same extract, marketed with claims about treating, curing or preventing a specific disease, or with a pharmacological dose and a demonstration of pharmacological activity, is a medicinal product by presentation or by function, even if the extract itself is identical.   * The same extract, marketed with claims about treating, curing or preventing a specific disease, or with a pharmacological dose and a demonstration of pharmacological activity, is a medicinal product by presentation or by function, even if the extract itself is identical.
   * A product that straddles this line will be classified as a medicinal product under Article 2(2) of Directive 2001/83/EC, which provides that in case of doubt, medicinal products law prevails.   * A product that straddles this line will be classified as a medicinal product under Article 2(2) of Directive 2001/83/EC, which provides that in case of doubt, medicinal products law prevails.
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 ==== EU Medical Devices Regulation (MDR) ==== ==== EU Medical Devices Regulation (MDR) ====
  
-Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009, repealing Council Directives 90/385/EEC and 93/42/EEC [[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02017R0745-20260719|EURlex]].+Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices [[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02017R0745-20260719|EURlex]] aims to ensure the smooth functioning of the internal market as regards medical devices, taking as a base a high level of protection of health for patients and users, and taking into account the small- and medium-sized enterprises that are active in this sector. This regulation superseeded Council Directives 90/385/EEC and 93/42/EEC and amended Directive 2001/83/EC on the Community code relating to medicinal products for human use [[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02001L0083-20250101|EURlex]], Regulation (EC) No 178/2002 on general principles and requirements of food law (excluding medical devices from its scope) [[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02002R0178-20260101|EURlex]] and Regulation (EC) No 1223/2009  on cosmetic products (excluding medical devices from its scope) [[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009R1223-20260518|EURlex]].
  
 __Relevance to algae:__ The MDR is the primary EU legal framework for medical devices. It applies directly to algae-derived materials when they are: __Relevance to algae:__ The MDR is the primary EU legal framework for medical devices. It applies directly to algae-derived materials when they are:
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 ==== Human Medicines Directive ==== ==== Human Medicines Directive ====
  
-Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use [[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02001L0083-20220101|EURlex]].+Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use [[https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02001L0083-20250101|EURlex]].
  
 __Relevance to algae:__ This Directive is the principal EU legal framework for medicines. It is relevant to algae in the following contexts: __Relevance to algae:__ This Directive is the principal EU legal framework for medicines. It is relevant to algae in the following contexts:
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 The European Pharmacopoeia establishes quality standards (identity, purity, assay) for pharmaceutical-grade algal materials. Compliance with Ph. Eur. monographs is expected by regulatory authorities and buyers in the pharmaceutical supply chain. The European Pharmacopoeia establishes quality standards (identity, purity, assay) for pharmaceutical-grade algal materials. Compliance with Ph. Eur. monographs is expected by regulatory authorities and buyers in the pharmaceutical supply chain.
 +
 +----
 +
 +=== Forthcoming changes ===
 +
 +Following years of negotiations, the final texts of the new EU Pharma Package (Directive and Regulation) were officially published in early 2026. [[https://dlrcgroup.com/updates-to-the-eu-pharmaceutical-reform-2026/|HSFKramer]]. This package will fully replace and repeal Directive 2001/83/EC and Regulation (EC) No 726/2004 once it takes full effect (expected around 2028).
  
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algae/pharma_medical.1789333333.txt.gz · Last modified: by robert