Excluding Food from Classification as Medicinal Products: The Implication on Consumer Protection

Food is generally not viewed as a medicinal product. However, advertisements for food which bear therapeutic claims may result in the food being classified as a medicinal product. In the United States and Malaysia, the general rule is that food is classified as a medicinal product if therapeutic claims are made in the advertisements. The general rule is, however, subject to exemptions, and the exemptions in the two jurisdictions vary considerably. This article examines the implications of these exemptions for consumer protection in the two jurisdictions. It explores whether or not there is inadequate protection for consumers when food, which qualifies as a medicinal product, is not so classified and, accordingly subject to regulation as a medical product.