If 97 + b + c + 99 a + c + 99 + 98 what is a b
Misleading Advertisement for a Cosmetic Product: Claiming the Effectiveness of ...
The final nature of this regulation means that the member states are no longer empowered to adopt stricter national measures to combat misleading advertising with regard to the characteristics of cosmetic products (ECJ ZLR 2003, 63 Item 24 - Linhart and Biffl).
Effects of a means fall under the concept of the characteristics of the means i.S. of Art. 6 Para. 3 of Directive 76/768 / EEC (see ECJ ZLR 2003, 63 Item 32 - Linhart and Biffl).
It is particularly important with regard to the relevant expectation of an average, well-informed, attentive and discerning average consumer (see ECJ ZLR 2003, 63 Item 31 - Linhart and Biffl) not contrary to experience (§ 286 ZPO), if the appellate court has assessed this information to the extent that the effectiveness of caffeine against hair loss is presented as objectively correct and at the same time scientifically proven.
The fact that certain effects of a product have been proven by tests or similar scientific methods is also one of the characteristics of the product i.S. of Art. 6 para. 3 subpara. 1 of Directive 76/768 / EEC (see ECJ ZLR 2003, 63 Item 30 ff. - Linhart and Biffl, on the statement "dermatologically tested").
The measures that the Member States have to take to implement Article 6 (3) of Directive 76/768 / EEC must respect the principle of proportionality (see ECJ ZLR 2003, 63 Item 26 - Linhart and Biffl, with further references).
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