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Borderline & Combined Products

The date is approaching for the  EU Council to adopt its position on the EU pharmaceutical reform package, followed by trilogue negotiations with the European Commission and Parliament.​ 

Do not miss to follow the first half of 2025!

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Borderline Products Scope

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

Want to learn more? Just let us know!

Sector Overview

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. 

Top 5 Industry Trends

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.

Want to learn more? Just let us know!

Vital Steps in the EU Regulatory Procedure

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:

  • CE-marking pathway for medical devices
  • CPNP notification for cosmetics
  • National registration/notification for food supplements

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:

  • Clinical data (if needed)
  • Safety assessment
  • Labeling and claims justification
  • Manufacturing compliance (e.g., GMP, ISO 13485, ISO 22716)


Ensure conformity with specific requirements:

  • Cosmetic products: Notify via CPNP, appoint the Responsible Person
  • Medical devices: CE-marking, possibly via a Notified Body, appointment of PRRC
  • Medicines: Obtain marketing authorization via national, decentralized, or centralized procedures
  • Food Supplements: Comply with national registration and safety rules


Monitor post-market data (e.g., cosmetovigilance, pharmacovigilance, vigilance for devices)

Update classification or regulatory status if the product is modified


Combined Products Scope


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


Want to learn more? Just let us know!

Sector Overview

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.

Top 5 Industry Trends

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

Want to learn more? Just let us know!

Vital Steps in the EU Regulatory Procedure

Combination Products

The Primary Mode of Action (PMOA) for

  • The medicinal product is pharmacological, immunological, or metabolic.
  • The medical device is physical or mechanical.

Determine which component delivers the principal intended action.

This dictates the regulatory lead:

  • If PMOA is medicinal, Directive 2001/83/EC applies.
  • If PMOA is device-based, MDR (EU) 2017/745 applies with added rules for drug/device combinations.


For device + drug combinations (e.g., pre-filled syringes, drug-eluting stents), determine if the substance has an ancillary or primary role:

  • Ancillary: Regulated as a medical device (MDR), with EMA consultation.
  • Primary: Regulated as a medicinal product (EMA or national agency), with device component assessed for quality/safety


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:

  • CE mark obtained via Notified Body, with EMA input


Medicine-led combination:

  • Marketing Authorization (via national, MRP/DCP, or centralized route)


Labelling:

  • Must comply with both frameworks (MDR  or 2001/83/EC )
  • Avoid contradictory or unsubstantiated claims
  • Ensure correct instructions for use, risk warnings, and traceability


Follow the relevant vigilance system:

  • Medical devices: Device vigilance (MDR)
  • Medicinal products: Pharmacovigilance (GVP)
  • Cosmetic element: Cosmetovigilance, if applicable


EU Centralized Procedure (CP)

EU Decentralized (DC) & Mutual Recognition (MR) Procedures

EU Decentralized (DC) & Mutual Recognition (MR) Procedures

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. 

Regulation EC 726/2004

EU Decentralized (DC) & Mutual Recognition (MR) Procedures

EU Decentralized (DC) & Mutual Recognition (MR) Procedures

EU Decentralized (DC) & Mutual Recognition (MR) Procedures

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.

Directive 2001/83/EC

EU Clinical Trial Regulation (CTR)

EU Decentralized (DC) & Mutual Recognition (MR) Procedures

EU Clinical Trial Regulation (CTR)

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.

Regulation EC 536/2014

EU Rare Disease Regulation

EU Advanced Therapies Regulation

EU Clinical Trial Regulation (CTR)

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.

Regulation EC 141/2000

EU Pediatric Regulation

EU Advanced Therapies Regulation

EU Advanced Therapies Regulation

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.

Regulation EC 1901/2006

EU Advanced Therapies Regulation

EU Advanced Therapies Regulation

EU Advanced Therapies Regulation

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. 

Regulation EC 1394/2007

EU Variations Regulation

EU Health Technology Assessment (HTA) Regulation

EU Health Technology Assessment (HTA) Regulation

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.

Regulation EC 1234/2008

EU Health Technology Assessment (HTA) Regulation

EU Health Technology Assessment (HTA) Regulation

EU Health Technology Assessment (HTA) Regulation

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.

Regulation EC 2282/2021

EU Pharmacovigilance Framework

EU Health Technology Assessment (HTA) Regulation

EU Pharmacovigilance Framework

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. 

EU PV Framework

ICH Guidelines

UK Human Medicines Regulations No. 1916/2012

EU Pharmacovigilance Framework

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.

ICH Guidelines

US 21 CFR 300-499

UK Human Medicines Regulations No. 1916/2012

UK Human Medicines Regulations No. 1916/2012

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.

21 CFR 300-499

UK Human Medicines Regulations No. 1916/2012

UK Human Medicines Regulations No. 1916/2012

UK Human Medicines Regulations No. 1916/2012

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.

UK HMR No. 1916/2012

EU Medical Devices Regulation (MDR)

EU In Vitro Diagnostics Regulation (IVDR)

EU In Vitro Diagnostics Regulation (IVDR)

Regulates products, services, or solutions that prevent, diagnose, monitor, treat, and care for people.

Regulation EC 745/2017

EU In Vitro Diagnostics Regulation (IVDR)

EU In Vitro Diagnostics Regulation (IVDR)

EU In Vitro Diagnostics Regulation (IVDR)

Regulates non-invasive tests used on biological samples (for example, blood, urine, or tissues) to determine the status of a person’s health.

Regulation EC 746/2017

EU AI Act

EU In Vitro Diagnostics Regulation (IVDR)

FDA 21 CFR Chapter I, subchapter H - MDs

Regulation (EU) 2024/1689 of the European Parliament laying down harmonized rules on artificial intelligence and amending other relevant regulations.

Regulation EC 1689/2024

FDA 21 CFR Chapter I, subchapter H - MDs

FDA Medical Devices Quality System Regulation

FDA 21 CFR Chapter I, subchapter H - MDs

 In 1982, the US FDA that regulated medical devices and radiation-emitting products merged to form the Center for Devices and Radiological Health (CDRH).

21 FDA CFR 800 - 898

FDA Medical Devices Quality System Regulation

FDA Medical Devices Quality System Regulation

FDA Medical Devices Quality System Regulation

Quality policy. Management with executive responsibility shall ensure that the quality policy is understood, implemented, and maintained at all levels of the organization.

21 CFR 820

UK Medical Devices Regulation

FDA Medical Devices Quality System Regulation

FDA Medical Devices Quality System Regulation

The agreement on mutual recognition concerning conformity assessment certificates and markings, MHRA has with the EU, US, Canada, TGA & New Zealand.

UK MDR 2002 No. 618

ISO 13485:2016 Medical devices QMS - Regulatory purposes

ISO 13485:2016 Medical devices QMS - Regulatory purposes

ISO 13485:2016 Medical devices QMS - Regulatory purposes

Medical devices — Quality management systems — Requirements for regulatory purposes

ISO 13485:2016

ISO 9001:2015 QMS Requirements

ISO 13485:2016 Medical devices QMS - Regulatory purposes

ISO 13485:2016 Medical devices QMS - Regulatory purposes

Quality management systems – Requirements

ISO 9001:2015

Medical Devices Single Audit Program (MDSAP)

ISO 13485:2016 Medical devices QMS - Regulatory purposes

Medical Devices Single Audit Program (MDSAP)

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.

MDSAP

ISO 10993-1:2018, Biological evaluation of medical devices

ISO 11607-1:2019 Packaging for terminally sterilized medical devices

ISO 11137-1:2006 Sterilization of health care products - Radiation

Part 1: Evaluation and testing within a risk management process.

ISO 10993-1:2018

ISO 11137-1:2006 Sterilization of health care products - Radiation

ISO 11607-1:2019 Packaging for terminally sterilized medical devices

ISO 11137-1:2006 Sterilization of health care products - Radiation

Part 1: Requirements for development, validation, and routine control of a sterilization process for medical devices.

ISO 11137-1:2006

ISO 11607-1:2019 Packaging for terminally sterilized medical devices

ISO 11607-1:2019 Packaging for terminally sterilized medical devices

ISO 11607-1:2019 Packaging for terminally sterilized medical devices

Part 1: Requirements for materials, sterile barrier systems, and packaging systems.

ISO 11607-1:2019

ISO 14644:2015 Cleanrooms, and associated controlled environments

ISO 14644:2015 Cleanrooms, and associated controlled environments

ISO 11607-1:2019 Packaging for terminally sterilized medical devices

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

ISO 14644:2015

ISO 14937:2009 Sterilization of health care products

ISO 14644:2015 Cleanrooms, and associated controlled environments

ISO 14937:2009 Sterilization of health care products

General requirements for characterization of a sterilizing agent and the development, validation and routine control of a sterilization process for medical devices

ISO 14937:2009

ISO 14971:2019 Risk Management

ISO 14644:2015 Cleanrooms, and associated controlled environments

ISO 14937:2009 Sterilization of health care products

Application of risk management to medical devices.

ISO 14971:2019

ISO 15223-1:2021 Labelling

IEC 62366-1:2015 Engineering to MDs

IEC 62304:2006/ Amd1:2015 SaaMD

Symbols to be used with medical device labels, labeling and information to be supplied - Part 1: General requirements.

ISO 15223-1:2021

IEC 62304:2006/ Amd1:2015 SaaMD

IEC 62366-1:2015 Engineering to MDs

IEC 62304:2006/ Amd1:2015 SaaMD

Medical device software, software life cycle processes.

IEC 62304:2006/Amd1:2015

IEC 62366-1:2015 Engineering to MDs

IEC 62366-1:2015 Engineering to MDs

IEC 62366-1:2015 Engineering to MDs

Application of usability engineering to medical devices

IEC 62366-1:2015

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