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Borderline products are those that do not clearly fall into a single regulatory category due to their composition, intended use, mode of action, or presentation. They often straddle regulatory frameworks, such as:
- Medical device vs. medicinal product
- Cosmetic vs. medicinal product
- Food supplement vs. medicinal product
The Borderline product market is growing rapidly, driven by innovation in multifunctional products that blend cosmetics, medical devices, and nutraceuticals.
Estimates suggest the market exceeds €50 billion, with strong growth in dermocosmetics, wellness devices, and botanical-based supplements.
Stricter Reclassification - towards medicines or devices.
Blurring Boundaries – ingredients and technologies challenging categories.
Claims Scrutiny – claims now demand robust scientific backing.
Harmonization – EU bodies are aligning.
Hybrid products - cosmetics, devices, or supplements combs are on the rise.
Borderline Products
Define the intended purpose (core to classification)
Identify the mode of action (pharmacological, immunological, metabolic vs. physical)
Evaluate formulation, claims, presentation, and target user
Apply relevant definitions:
Medicinal Product – Directive 2001/83/EC
Medical Device – MDR (EU) 2017/745
Cosmetic Product – Regulation (EC) No 1223/2009
Food Supplement – Directive 2002/46/EC
Biocidal Product – Regulation (EU) No 528/2012
Use EC Borderline Manual and national guidance (if applicable)
Seek informal advice from the National Competent Authority (NCA) in an EU Member State
Submit a borderline classification request if necessary (procedures vary by Member State)
Optional: Submit to the European Commission via the Working Group on Borderline and Classification (for devices/medicines)
Based on the classification outcome, determine the applicable regulation:
Identify the need for a Notified Body involvement!
Compile the appropriate technical file or product information file (PIF for cosmetics, TF for devices, etc.) that include:
Ensure conformity with specific requirements:
Monitor post-market data (e.g., cosmetovigilance, pharmacovigilance, vigilance for devices)
Update classification or regulatory status if the product is modified
Combined products, also called combination products, refer to products that integrate two or more regulated component, a medicinal product and a medical device into a single entity or co-packaged/labelled system.
Main Types of Combined Products:
- Integral Products
- Co-packaged Products
- Referenced Product
The European drug-device combination products market generated revenue of USD 38.79 billion in 2023 and is expected to grow at a CAGR of 9.6%, reaching USD 73.55 billion by 2030.
Key growth factors include the rising incidence of chronic conditions (DM, CV), advancements in drug delivery & personalized technologies.
Personalized and self-administered therapies
Technological innovation driving smart drug-delivery systems
Growth in chronic disease treatment solutions
Emphasis on regulatory harmonization
Focus on sustainability in materials and device lifecycle management
Combination Products
The Primary Mode of Action (PMOA) for
Determine which component delivers the principal intended action.
This dictates the regulatory lead:
For device + drug combinations (e.g., pre-filled syringes, drug-eluting stents), determine if the substance has an ancillary or primary role:
For devices incorporating a medicinal substance:
The manufacturer must submit documentation to a Notified Body.
The Notified Body consults with the EMA or relevant Competent Authority on the medicinal component (Article 117 MDR).
For medicinal products with a device component:
Submit a marketing authorization to EMA/national authority with supporting data on device component (safety, performance, CE-marking status).
If the device is not CE-marked, it must meet device GSPRs (General Safety and Performance Requirements).
Depending on the regulatory route:
Medical device lead: Technical file per MDR Annex II + evidence of medicinal component safety & EMA consultation (Annex IX or X)
Medicinal product lead: Full CTD dossier including device component & Usability and risk assessment (especially for drug delivery devices)
Device-led combination:
Medicine-led combination:
Labelling:
Follow the relevant vigilance system:
The European Union-wide procedure for the authorization of medicines, where there is a single application, a single evaluation, and a single authorization throughout the European Union. Only certain medicines are eligible for the centralized procedure, under mandatory or optional scope.
A streamlined procedure with the possibility of shortened approval times in straightforward cases. It is possible to end the procedure at any time point taking into account the harmonization of originator SmPCs, the quality of the file, and the assessment report. during the procedure if a consensus is reached.
The regulation of clinical trials aims to ensure that the rights, safety, and well-being of trial participants are protected and the results of clinical trials are credible. In the EU, approximately 2,800 clinical trials are authorized each year.
Approximately 60% of clinical trials are sponsored by the pharmaceutical industry and 40% mainly by academia.
To qualify for orphan designation, a medicine must meet several criteria. It must be intended for the treatment, prevention, or diagnosis of a disease that is life-threatening or chronically debilitating, the prevalence of the condition in the EU must not be more than 5 in 10,000 patients and the medicine must be of significant benefit to those affected by the condition.
The Regulation aims to ensure that medicines for use in children are of high quality, ethically researched, and authorized appropriately and to improve the availability of information on the use of medicines for children. It aims to achieve this without subjecting children to unnecessary trials or delaying the authorization of medicines for use in adults.
ATMPs are classified into three main types: gene therapy medicines, somatic-cell therapy medicines, and
tissue-engineered medicines. Furthermore, some ATMPs may contain one or more medical devices as an integral part of the medicine, which are referred to as combined ATMPs.
Regulates the rules governing the procedures for post-authorization changes to the terms of a marketing authorization for human medicines. In June 2024, EU regulators proposed the amendments to the guidelines on the details of the different categories of variations and operation of the variations procedures and invited all stakeholders to comment.
Contributes to improving the availability for EU patients of innovative technologies in the area of health, such as medicines and certain medical devices.
It provides a transparent and inclusive framework by establishing a Coordination Group of HTA national or regional authorities.
Before a medicine is authorized for use, evidence of its safety and efficacy is limited to the results from clinical trials. Once it is authorized, its safety is monitored throughout its use in healthcare practice. EU law therefore requires each marketing authorisation holder, national competent authority, and EMA to operate a pharmacovigilance system.
The ICH topics are divided into four categories and ICH topic codes are assigned according to these categories:
Q - Quality, S - Safety, E - Efficiency & M - Multidisciplinary.
Includes rules, regulations, procedures, and administrative procedures associated with the FDA, investigational new drug applications, diagnostic radiopharmaceuticals, orphan drugs, bioavailability and bioequivalence requirements, over-the-counter (OTC) drug products, and more.
Regulates medicinal products for human use following the European Community’s medicinal products directive (Directive 2001/83/EC) and UK law. The Medicines and Healthcare Products Regulatory Agency (MHRA) is the UK’s standalone medicines and medical devices regulator since Jan 2021 & Brexit.
Regulates products, services, or solutions that prevent, diagnose, monitor, treat, and care for people.
Regulates non-invasive tests used on biological samples (for example, blood, urine, or tissues) to determine the status of a person’s health.
Regulation (EU) 2024/1689 of the European Parliament laying down harmonized rules on artificial intelligence and amending other relevant regulations.
In 1982, the US FDA that regulated medical devices and radiation-emitting products merged to form the Center for Devices and Radiological Health (CDRH).
Quality policy. Management with executive responsibility shall ensure that the quality policy is understood, implemented, and maintained at all levels of the organization.
The agreement on mutual recognition concerning conformity assessment certificates and markings, MHRA has with the EU, US, Canada, TGA & New Zealand.
Medical devices — Quality management systems — Requirements for regulatory purposes
Quality management systems – Requirements
The Medical Device Single Audit Program allows to conduct a single regulatory audit of a medical device manufacturer that satisfies the relevant requirements of the regulatory authorities participating in the program.
Part 1: Evaluation and testing within a risk management process.
Part 1: Requirements for development, validation, and routine control of a sterilization process for medical devices.
Part 1: Requirements for materials, sterile barrier systems, and packaging systems.
Part 1: Classification of air cleanliness by particle concentration
Part 2: Monitoring to provide evidence of cleanroom performance related to air cleanliness by particle concentration
General requirements for characterization of a sterilizing agent and the development, validation and routine control of a sterilization process for medical devices
Application of risk management to medical devices.
Symbols to be used with medical device labels, labeling and information to be supplied - Part 1: General requirements.
Medical device software, software life cycle processes.
Application of usability engineering to medical devices
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