EU's Highest Court Advised Prostaglandin Eyelash Serum Is Not A Medicine Per Se

Just because the use of a substance in a cosmetic product, in this case prostaglandin-derivative methylamide-dihydro-noralfaprostal, has a physiological effect does not mean it's a medicinal product by function, advises the Advocate General of the Court of Justice of the EU in a recent opinion. While the opinion does not bind the CJEU to any decision, it may impact discussions elsewhere with regards to these substances, for example in the US.

European Court of Justice

“A medicinal product by function must have a beneficial effect on human health, and it is insufficient that the product merely modifies physiological functions,” advised the Advocate General of the Court of Justice of the EU in a recent opinion.

“Rather, such effects must be appreciable, significantly affecting the metabolism, and be genuinely designed for such a purpose taking into account previous case-law,” the advocate stated, in response to a request for a preliminary ruling lodged by the German administrative court in Cologne

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