Replies to post #11171 on Healthcare Solutions Mgmt. Group Inc. (HSMD)

[sunspotter]

"So you say that food (in parenthesis) is excluded."

I don't say anything. The FDA says explicitly, and case law demonstrates, that even liquids or foods that make medical claims are to be classed as drugs.

Here it is again:

"How does the law define a drug?
The FD&C Act defines drugs, in part, by their intended use, as "articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease" and* "articles (other than food) intended to affect the structure or any function of the body of man or other animals" [FD&C Act, sec. 201(g)(1)]."

*drugs don't have to meet both definitions - either is sufficient (but not always necessary).

http://www.fda.gov/cosmetics/guidancecomplianceregulatoryinformation/ucm074201.htm

The exclusion of food from the second definition does not mean it's excluded from the first. If anyone though about that for a short while, they would realise why.