Linhart v Biffi [2002] ECR I - 9375 - Case C-99/01.
- misleading - approximation of laws.
1) right of free movement of trade must give way to harmonised legislation.
2) EU Member States may not exceed requirements of harmonised legislation.
3) statement "dermatologically tested", without more, is not misleading to the "average consumer" who is reasonably well informed, reasonably observant and circumspect.
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