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FD&C structure/function drug definition should be changed to exempt cosmetics -- attorney.

This article was originally published in The Rose Sheet

Executive Summary

STATUTORY STRUCTURE/FUNCTION DEFINITION OF DRUGS SHOULD BE CHANGED to allow cosmetic companies to make structure/function claims for "cosmeceuticals," William Pendergast of the Washington, D.C. law firm Arent, Fox, Kintner, Plotkin & Kahn suggested at a conference on "cosmeceuticals" sponsored by Global Business Research. Pendergast proposed amending the FD&C Act -- which currently identifies a product as a drug if it is an "article (other than food) intended to affect the structure or any function of the body of man" -- by extending the parenthetical exception to read "other than food or cosmetic." The meeting was held in East Rutherford, NJ March 7-8.
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