Medical Nutritionals means, subject to the limitations set forth below, any food or other preparation for human consumption, including enteral or parenteral consumption, which (i) when taken into the body, serves to nourish or build up tissues, supply energy or maintain, restore or support adequate nutritional status or metabolic function, and (ii) is formulated to be useful in nutritional or dietary management or supplementation, or is formulated specifically for patients with a specific disease or condition or special dietary needs, and (iii) are marketed to physicians, health care professionals and health-related institutions (i.e., hospitals, physician’s offices, skilled nursing facilities and clinics) where such marketing activities account for greater than thirty percent (30%) of the aggregate annual promotional spending allocable to such medical nutritional product line, and (iv) may optionally also be promoted directly to the end consumers or marketed at retail for general use. Examples of Medical Nutritionals as of the Original Date include, without limitation, the [...*...] product family, including [...*...]; the [...*...] product family, including without limitation [...*...]; and the [...*...] product family, including without limitation [...*...]. Medical Nutritionals specifically excludes nutritional supplements in pill, capsule, or liquid concentrate form, conventional foods, and nonhuman food supplements. This definition shall not restrict the product form (i.e., such nutritional products may be liquid, powder, solid or other form).
Examples of Medical Nutritionals in a sentence
Doing business as Inverness Medical Nutritionals and Inverness Medical Nutritionals Group.
Upon request by Arcadia, and not more than once per calendar year, Xxxxxx shall provide detailed records of its promotional spending activities relating to products that Xxxxxx has identified as Medical Nutritionals.