A Study on Regulations of Drugs, Foods and Health Foods from the Viewpoint of Drug Analogue Issues

Autor: Yu, Lien-Ping, 余連平
Rok vydání: 2015
Druh dokumentu: 學位論文 ; thesis
Popis: 103
Any given substances containing an ingredient exerting a pharmaceutical effect on human organism are considered pharmaceuticals that must be regulated by the drug provisions. Producing similar effects as an approved drug, a drug analogue falls under the definition of pharmaceuticals even though it is a synthetically created structure derivative of a parent chemical compound by replacing some elements with alternatives. Compared with drug analogues, health food is monitored by the authorities with distinctive provisions. Health food with drug analogue additives should be regulated as a type of drug rather than a type of food; however, some health food manufactures conceal such additives to avoid the drug provisions. The improper marketing of health food with drug analogue additives has led to false perceptions within the consumers that it is nature, safe, and legal. This study qualitatively researches the court decisions on drug analogue additives and finds the controversial disputes. Some courts set the same ruling that the subjective intention of the manufacture defendant sustains only after the accused drug analogue has been deconstructed. Such ruling likely triggers so-called “a grace period” in favor of defendants who claim unawareness of drug analogues. In reality, it is not reasonable for the manufacture to pay extra costs to add something unidentified and useless. In order to promptly suppress the illegal food additives, legislative amendments recommended in the conclusion of this study are to modify the definition of ‘drug’, and the courts are recommended to dismiss when the drug analogue’s chemical structure was deconstructed in judging the subjective intention to overcome the concern about “the grace period” of crime.
Databáze: Networked Digital Library of Theses & Dissertations
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