Lidocaine delay spray treated as an anesthetic, with exemption upheld despite its use in sexual activity products.

A product whose sole active ingredient was Lidocaine was treated as an anesthetic for exemption purposes because Lidocaine blocks pain and sensation, and anesthetic use is not limited to surgery or hospital settings. The product's desensitizing effect remained the ative feature, so its commercial positioning as a delay spray for sexual activity did not alter its essential character. On that basis, the product was classified as an anesthetic and found eligible for the relevant exemption.

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Issues: Whether the product containing Lidocaine, marketed for use as a delay spray for men, was still classifiable as an anesthetic so as to qualify for exemption under the relevant notification.

Analysis: The product's sole active ingredient was Lidocaine. The material on record showed Lidocaine to be an anesthetic with properties of blocking pain and sensation, and the use of an anesthetic was not confined only to surgery in hospitals. Since the product produced a desensitizing effect, its commercial use for sexual activity did not change the character of the active ingredient for exemption purposes.

Conclusion: The product was held to be an anesthetic and entitled to the exemption.

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