Economic
and Legal Frameworks
for Non-Prescription Medicines 2004 studied by AESGP
1.
CLASSIFICATION
While the Pharmaceutical Affairs
Law (PAL) promulgated in 1960 regulated matters pertaining
to (1) Drugs, (2) Quasi-drugs, (3) Cosmetics, and (4)
Medical Devices, the most recent amendment has introduced
a classification of drugs as "prescription" and "others".
A comprehensive revision of the Pharmaceutical Affairs
Law was approved by the Diet (Japan's Parliament) in
July 2002 and came into effect in April 2005. The PAL's
amended Article 49, Item 1, states that the prescription
category covers "drugs which should not be sold by a
proprietor of a pharmacy or a person with a licence for
selling drugs to anyone other than those who have a prescription
issued by a physician, dentist, or veterinarian". The
category of the "other than prescription" drugs contains
drugs for ethical use and OTC drugs. Drugs for ethical
use are defined as "the medicinal products supplied for
the purpose of being administered by physicians or dentists
with reimbursement from the medical insurance systems".
OTC drugs are not reimbursed by the medical insurance
systems.
"Kampo" (traditional herbal) medicines are wholly classified
as medicines when they meet the terms described in the
articles of PAL, even though some of the natural (crude)
drugs contained therein are also combined into foodstuffs.
The concept of homeopathic medicines is almost unknown
in Japan.
Most preparations of vitamins and minerals are classified
as OTCs, Quasi-drugs or foodstuffs.
The principal guidance on the classification of products
as foodstuffs or pharmaceuticals was mentioned in the
Director-General's Notice Yakuhatsu No.476, issued on
1 June 1971, which was amended on 27 March 2001. While
the "Basic nature of ingredients" previously used to
group products into six sub-categories, this was simplified
in 2001 to form the following two categories:
Ingredients exclusively used
as drugs
Ingredients recognised as
foods as long as no therapeutic claims are made.