A.M. (Etiquetage des produits cosmetiques) (Approximation of laws - Cosmetic products - Protection of human health - Opinion) [2020] EUECJ C-667/19_O (09 July 2020)

A.M. (Etiquetage des produits cosmetiques) (Approximation of laws - Cosmetic products - Protection of human health - Opinion) [2020] EUECJ C-667/19_O (09 July 2020)

The 'function of the product' under Article 19(1)(f) of Regulation (EC) No 1223/2009 is not synonymous with the general purposes listed in Article 2(1)(a); it requires a description of the key characteristic(s) enabling the consumer to know at first sight what the product is primarily intended for. Information required by Article 19(1)(d), (f), and (g) cannot be provided solely in a company catalogue supplied independently of the product and referenced by a symbol; such information must appear on or with the product as specified by the Regulation.

Citation
[2020] EUECJ C-667/19_O
Parties
Applicant: A. M.; Respondent: E. M.
Jurisdiction
European Union
Judgment Date
09 July 2020
Procedural Posture
Preliminary Ruling (reference) / Opinion of Advocate General
Outcome
Proposed answers to preliminary questions (Opinion of Advocate General)
Legal Topics
Cosmetic Product Labelling, Consumer Information Requirements, Language Requirements for Product Information, Interpretation of Regulation (ec) No 1223/2009, Protection of Human Health
European Union Law Consumer Protection Law Product Regulation Cosmetic Product Labelling Consumer Information Requirements Language Requirements for Product Information Interpretation of Regulation (ec) No 1223/2009 Protection of Human Health

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Parties

A. M.

Applicant

E. M.

Respondent

Procedural Posture

Preliminary Ruling (reference) / Opinion of Advocate General

Legal Issues

  1. 1 Whether 'function of the product' under Article 19(1)(f) of Regulation (EC) No 1223/2009 requires only the general purposes listed in Article 2(1)(a) or more detailed functions to be stated on packaging;
  2. 2 Whether information required by Article 19(1)(d), (f), and (g) can be provided in a company catalogue referenced by a symbol, rather than on or with the product packaging.

Ratio Decidendi

The 'function of the product' under Article 19(1)(f) of Regulation (EC) No 1223/2009 is not synonymous with the general purposes listed in Article 2(1)(a); it requires a description of the key characteristic(s) enabling the consumer to know at first sight what the product is primarily intended for. Information required by Article 19(1)(d), (f), and (g) cannot be provided solely in a company catalogue supplied independently of the product and referenced by a symbol; such information must appear on or with the product as specified by the Regulation.

Court Disposition

Proposed answers to preliminary questions (Opinion of Advocate General)

Orders

  • Article 19(1)(f) of Regulation (EC) No 1223/2009 requires the function of the product to be described on packaging as the key characteristic(s) enabling consumer understanding, not merely the general purposes in Article 2(1)(a).
  • Article 19(2) of Regulation No 1223/2009 does not permit required information to be provided solely in a company catalogue supplied independently of the product and referenced by a symbol.