I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
(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
Applicant: Get Fresh Cosmetics Limited
Defendant: Valstybinė vartotojų teisių apsaugos tarnyba
Intervening party: V.U.
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.