La definizione di medicinale secondo il diritto positivo e l'elaborazione giurisprudenziale

Controls operated by public administration depend on the classification of a product as a medicinal or as an healthy product. In some cases this classification is not easy, even because the interpretation of the different definitions is sometime difficult; thus very similar products are included in different categories. For these products, the so-called 'borderline products', the public administration, or even the magistrature, has to assess the correct classification. These uncertain situations, and the risk to incur in unlawful situations, can lead the manufactures to release the marketing of their products, furthermore the continuous appealing to the magistrature could also result in a different classification of the product itself, or of the same products of different origin, not only in the EU nations, but even within the same country.