In the UK, products that sit between food supplements and medicines are often referred to as “borderline products.” These are items that may appear to be food supplements based on their format or ingredients, but whose presentation or claims could cause them to be classified as medicinal.
Understanding borderline classification is important for any brand selling supplements. A product does not need to contain pharmaceutical ingredients to fall into this category. In many cases, wording and marketing positioning are the determining factors.
Who Decides If a Product Is Borderline?
The Medicines and Healthcare products Regulatory Agency (MHRA) is responsible for determining whether a product should be regulated as a medicine in the UK. Classification is made on a case-by-case basis. There is no single checklist that guarantees a product will remain within food law. Instead, regulators assess:
The product’s name
Label wording
Claims made on packaging
Website and advertising content
Overall presentation
Consumer perception
Even if a product is sold in capsule or tablet form and contains common supplement ingredients, it may still be assessed as medicinal depending on how it is described.
Why “Borderline” Does Not Mean Illegal
It is important to understand that a borderline product is not automatically non-compliant. The term simply means that the product could fall under either food or medicines legislation depending on its presentation. Many supplements remain fully compliant because:
They avoid disease treatment claims
They use authorised health claims where applicable
Their marketing focuses on supporting normal physiological function
Problems typically arise when positioning moves beyond general health support into implied therapeutic use.
Common Triggers for Borderline Classification
Certain themes increase risk of medicinal classification.
1. Disease Language
Statements that suggest treatment, prevention, or cure of a disease are high risk. Examples include references to:
Anxiety disorders
Depression
Arthritis
Insomnia
Hormonal disorders
Chronic inflammation
Even indirect phrasing can create issues.
2. Implied Therapeutic Positioning
Sometimes the wording does not explicitly mention a disease but strongly implies one. For example:
“For menopause treatment”
“For ADHD support”
“Natural alternative to prescription pain relief”
These statements move beyond general health support.
3. Dosage & Strength Emphasis
Very high-strength positioning combined with therapeutic claims may increase scrutiny, particularly if the product is presented as offering medical-level results. Strength alone does not determine classification, but context matters.
4. Marketing Beyond the Label
Regulators consider the full marketing environment. This includes:
Website copy
Blogs
Marketplace listings
Social media content
Influencer scripts
Customer testimonials displayed on your site
A compliant label can still be undermined by non-compliant marketing content elsewhere.
How Borderline Decisions Are Made
There is no automatic formula. Each case is assessed individually. Regulators look at:
Overall consumer impression
The balance of wording
Whether the average consumer would view the product as medicinal
Because the assessment considers perception, even subtle wording choices can influence classification.
Practical Risk Management for Brands
To reduce borderline risk:
Avoid referencing named diseases
Use authorised UK health claims where available
Keep marketing focused on supporting normal bodily functions
Monitor affiliate and influencer messaging
Review website FAQs and blog content regularly
Clarity and restraint in wording are often the most effective safeguards.
Nutribl’s Approach
Nutribl operates within a BRC-certified supply framework and supplies private label stock supplements intended for sale under UK food supplement regulations.
We can provide advisory label text files based on our interpretation of applicable UK labelling and claims legislation. These are provided for guidance only. Brand owners are fully responsible for:
Final label wording
Website content
Marketplace listings
Marketing materials
Influencer and affiliate messaging
All label artwork must be reviewed and formally signed off by the client before production. Because regulatory interpretation can evolve and classification decisions are made case-by-case by authorities, it is the responsibility of each brand owner to ensure their final presentation remains compliant.
Clear and cautious positioning helps reduce regulatory risk and protects long-term brand stability.