Keywords
Summary

Keywords

Approximation of laws - Cosmetic products - Packaging and labelling - Directive 76/768 - Measures to prevent advertising attributing to cosmetic products characteristics which they do not possess - Subject to the principle of proportionality - Rules prohibiting all advertising in respect of substances not expressly listed - Not permissible

(Council Directive 76/768, Art. 6(3))

Summary

Although Article 6(3) of Directive 76/768 on the approximation of the laws relating to cosmetic products requires the Member States to take all measures necessary to ensure that, in the labelling, putting up for sale and advertising of cosmetic products, text, names, trade marks, pictures and figurative or other signs do not attribute to those products characteristics which they do not have, the measures which the Member States are required to take for the implementation of that provision must observe the principle of proportionality.

Consequently, that provision precludes the application of national rules which prohibit the advertising of cosmetic products intended to come into contact with mucous membranes, where the product in question is claimed to prevent the formation of tartar and parodontosis but is not in fact composed of any of the active substances listed in those rules as capable of achieving such a result and the party concerned has not obtained authorisation for the use of other substances.

In so far as those rules do not list all active substances which may prevent the formation of tartar or parodontosis, they may prohibit the advertising of certain toothpastes even though it is not likely to mislead consumers, and the need to obtain an authorisation in order to gain exemption from that prohibition constitutes a wholly unjustified obstacle to the free movement of the product in question.