*Blue Bio Pharmaceuticals Ltd and another v Secretary of State for Health

European Union – Freedom of movement. The Court of Appeal, Civil Division, allowed the claimant companies' appeal against dismissal of their judicial review challenge against the defendant Secretary of State's refusal to classify similar competing products as a 'medicinal product' within the meaning of Parliament and Council Directive (EC) 2001/83. The Medicines and Healthcare Products Regulatory Agency had not only asked itself the wrong question in classifying the product, but had also failed to carry out proper investigations into the manner of use of the product including why the product was used.

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