Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/02/2022

Subject: The Court affirmed that it is not necessary to demonstrate by objective and substantiated data that placing in the mouth, sucking or ingesting products which, although not foodstuffs, possess a form, odour, colour, appearance, packaging, labelling, volume or size, such that it is likely that consumers, especially children, will confuse them with foodstuffs and in consequence place them in their mouths, or suck or ingest them may entail risks such as suffocation, poisoning, or the perforation or obstruction of the digestive tract. Nevertheless, the competent national authorities must assess on a case-by-case basis whether a product meets the conditions listed in that provision and justify their assessment that that is the case

Parties: Get Fresh Cosmetics

Classification: Solidarity - Art. 38 Consumer protection

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