Tuesday, September 8, 2015
A Rose by Any Other Name, Says EU Court to Cosmetic Contact Lens Manufacturers
"On 3 September 2015, the Court of Justice of the European Union (the 'Court') delivered its ruling in Case C-321/14 (the 'ruling') confirming that Regulation (EC) No 1223/2009 on cosmetic products (the 'Cosmetics Regulation') must be interpreted as meaning that non-corrective colour contact lenses featuring designs do not fall within the scope of that regulation, notwithstanding the fact that their outer packaging bears the statement ‘cosmetic eye accessory, subject to the EU Cosmetics Directive’," reports Lexology. "The ruling observes that merely labeling a product as a ‘cosmetic’ will not automatically mean that the product falls within scope of the Cosmetics Regulation. Rather, the product must satisfy the legal definition of a cosmetic as set out in the Cosmetics Regulation." Read more.