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Case C-122/21: Judgment of the Court (Second Chamber) of 2 June 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Get Fresh Cosmetics Limited v Valstybinė vartotojų teisių apsaugos tarnyba (Reference for a preliminary ruling — Directive 87/357/EEC — Article 1(2) — Scope — Non-food products that may be confused with foodstuffs — Concept — Risk of suffocation, poisoning, or the perforation or obstruction of the digestive tract — No presumption of danger — Proof)

ECLI:EU:UNKNOWN:62021CA0122

62021CA0122

June 2, 2022
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25.7.2022

Official Journal of the European Union

C 284/10

(Case C-122/21) (<span class="oj-super oj-note-tag">1</span>)

(Reference for a preliminary ruling - Directive 87/357/EEC - Article 1(2) - Scope - Non-food products that may be confused with foodstuffs - Concept - Risk of suffocation, poisoning, or the perforation or obstruction of the digestive tract - No presumption of danger - Proof)

(2022/C 284/09)

Language of the case: Lithuanian

Referring court

Parties to the main proceedings

Applicant: Get Fresh Cosmetics Limited

Defendant: Valstybinė vartotojų teisių apsaugos tarnyba

Intervening party: V.U.

Operative part of the judgment

Article 1(2) of Council Directive 87/357/EEC of 25 June 1987 on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers must be interpreted as meaning 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.

Language of the case: Lithuanian.

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