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It seems to me that medical claims or the absence of medical claims would be relevant to the first definition, but not to the second definition. Peptides used for body-building purposes, [for example], are a substance that may be used by human beings with a view to modifying a physiological function by exerting a metabolic action. An MHRA spokesperson pushed back on this interpretation, stating: Case law has established that products which have the effect of modifying physiological function while having no beneficial effect on human health do not meet the definition of a medicinal product. Michael Saul, partner at Cosmetic Surgery Solicitors, expressed serious concerns over what he described as a deliberately ambiguous space and a regulatory middle zone that has formed in relation to injectable peptides
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10.1042/BJ20090219
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