A.I. Powered: Philippine Bar Reviewer

Question

Components and Exclusions: Supplements

Discuss the following scenario:

John, a licensed pharmacist, recently opened a new retail pharmacy. As part of his inventory, he decided to sell dietary supplements which are commonly taken to enhance health and well-being. One of the most popular supplements in his store is a vitamin C supplement that claims to boost the immune system. John promotes the supplement as a natural and effective way to maintain a healthy immune system.

One day, a customer named Maria visits John's pharmacy seeking advice on which supplement to take to improve her energy levels. After listening to Maria's concerns, John recommends a popular herbal supplement known for its alleged energy-boosting properties.

After a few weeks, Maria experiences adverse effects from the herbal supplement, including dizziness and an upset stomach. She visits another pharmacist who informs her that the herbal supplement she was taking contains banned substances not approved by the Food and Drug Administration (FDA).

Based on the given scenario and the relevant Philippine laws, answer the following questions:

1. Are dietary supplements considered drugs under Philippine law? Explain.
2. What are the specific requirements for a retail pharmacist to legally sell and promote dietary supplements in the Philippines?
3. Is John liable for promoting the vitamin C supplement? Why or why not?
4. What legal remedies are available to Maria for the adverse effects caused by the herbal supplement?

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Answer