The borderline with medical devices in the current Spanish legal framework

Abstract

Medical devices cover a wide range of products essential for healthcare. In 2017 a new European regulation covering them was approved that fully applies from 2021 onwards. In it, their legal definition, classification, conformity assessment procedures, requirements for the clinical investigations that asses their safety and/or performance, and European database are specified. Despite the efforts for systematizing the legal definition of medical device in the new regulation, the determination of the legal status of devices known as ‘borderline products’, for which different regulations may apply (like in the borderline with food supplements, cosmetics, personal care products, biocides, personal protective equipment and consumer products), is not without difficulties. On account of their therapeutic significance, this review delves into the borderline between medicinal products and medical devices, and differentiates them from presentations where medicinal products and medical devices are used in combination, without constituting a borderline. Establishing updated definitions, promoting transparency in the sector and preventing conflicts of interest should motivate all stakeholders to the periodic review of the regulation in a field in continuous technological evolution and development.