New ECJ Court Ruling - Confusability of Cosmetics with Food

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Jun 28, 2022 - Cosmetics

New ECJ Court Ruling - Confusability of Cosmetics with Food

A new ruling of the CJEU from June 2, 2022 (Case C-122/21) deals with the question of the confusion between cosmetics (in this case bath bombs) and foodstuffs (in this case ice cream scoops).

According to the CJEU, EU countries may ban the sale of certain cosmetics if there is a high risk of confusion with foodstuffs. Additionally, the confusion must be associated with a health hazard. This is especially important for products intended for children.

However, it is up to the national authorities to examine this on a case-by-case basis. A general ban on such products is not envisaged.

The basis is the safety of the products in accordance with Regulation (EC) 1223/2009 (EU Cosmetics Regulation), particularly the consideration of possible health and confusion risks in the preparation of the safety report.

If you have questions regarding the general regulation of your product, feel free to contact us, we look forward to your message.
 

Source:

https://dejure.org/dienste/vernetzung/rechtsprechung?Gericht=EuGH&Datum=17.12.2020&Aktenzeichen=C-667/19