EU Borderline Product Court Ruling Puts Tricky “Negative Burden Of Proof” On Manufacturers

When is a borderline drug/device product a medical device? Only when the manufacturer can prove that is definitely not a medicine, according to a new EU Court Of Justice ruling. Expert medtech regulatory lawyer Erik Vollebregt outlines his main criticisms of this judgment.

Decision
• Source: Shutterstock

On 19 January, the EU Court of Justice made a ruling on the interpretation of EU regulations for products on the drug/device borderline that Erik Vollebregt, legal medtech expert and founding partner at Axon Lawyers (Netherlands), has criticized for placing a “negative burden of proof” on manufacturers.

The court’s ruling came about in light of two separate cases of nasal drops/sprays, referred to in the court...

More from Europe

More from Geography