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Problematyka pogranicza suplementu diety a produktu leczniczego

100%
Majchrzak D.
Przegląd Prawniczy Europejskiego Stowarzyszenia Studentów Prawa ELSA Poland
|
2013
|
issue 1
133-142
EN
The main theme of this discussion is the subject matter of products called food supplements which are also known as a supplementary food in U.S. The purpose of taking those products is intended to supplement the human food diet and provide some nutrients, such as vitamins, minerals, fiber etc. that may be missing or may not be consumed in sufficient quantities in a person's diet. The food supplement in Europe is defined as a concentrated source of nutrients or other substances with a nutritional or physiological effects. It is marketed "in dose" form i.e. as pills, tablets, capsules, liquids in measured doses etc. This nature often causes some misunderstanding what will be discussed.The author presents legal issues of food supplements, concentrate on legal regulation in European Union and legal guides in regarding to this topic. Especially the aim is to focus on the issue of delimitation between those foodstuff and pharmaceutical products. In the general opinion, as showing a recent scientific research, the average customer does not see, in many cases, the difference between those two groups of products and at this point it is necessary to add that considering legal and factual view it is impermissible to treat food supplements and pharmaceutical products the same. Because of this problem the author tries to show firstly, the legal provisions in force and subsequently to point out the differences statutory provisions. What is more, it is taken an attempt to point actual, still difficult to describe differences between both groups and quoting the opinions and judicial decisions of E.U. legislator in this object. In the conclusion of the article the reader may find out the consideration in the subject of some legal loopholes and ideas and models preventive points.
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