The Court of Justice clarifies the EU Food Imitation Safety Directive (Directive 87/357/EEC) in the context of cosmetic products (Get Fresh Cosmetics v Valstybinė vartotojų teisių apsaugos tarnyba)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

EU analysis: upon a preliminary reference from the highest administrative court in Lithuania, the Court of Justice interpreted Article 1 of Directive 87/357/EEC concerning products which, appearing to be other than they are, endanger the health or safety of consumers (EU Food Imitation Safety Directive). In the context of ‘bath bombs’, the court stated that the directive does not require the demonstration by objective and substantiated data that consumers will confuse the products with foodstuffs, as a strict data requirement would conflict with the aim of the directive to protect the health and safety of consumers. It is sufficient to demonstrate that the placing of the product in the mouth, sucking it or ingesting it is ‘likely to entail such risks’. Written by William Moody, barrister at Henderson Chambers.