TMEP 1401.11(d): Dietetic Substances and Meal Replacements

This is the October 2015 Edition of the TMEP

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1401.11(d)    Dietetic Substances and Meal Replacements

The 10th edition amended the Class 5 class heading to include “meal replacements, dietetic food and beverages, adapted for medical or veterinary use.” For classification in Class 5, these three items must be identified as being “adapted for medical use” (or include other language indicating that these items are adapted for a particular medical use) to make clear that their purpose and use are not as part of a regular diet for human beings or animals. The specific meal replacement, dietetic food, or dietetic beverage item must also be indicated.

The Class 5 class heading was also amended to exclude “meal replacements, dietetic food and beverages not for medical or veterinary consumption (Cl. 29, 30, 31, 32 or 33).” This specific exclusion is a corollary to the inclusion discussed above. Previously, all meal replacements were classified in Class 5, and the Nice Agreement was silent regarding how to classify dietetic food and beverages that were not for medical or veterinary purposes. Meal replacements and dietetic food and beverages that are not for medical or veterinary use must now be identified with adequate specificity to determine the particular food or beverages classes in which they should be classified.