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Case brief OPINION OF ADVOCATE GENERAL

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European Law 2 Essay LA 36130 Level III By Charandeep Singh Ubhi OPINION OF ADVOCATE GENERAL Anon Delivered on 22 March 2006 The facts of the action 1. A Member State (MS) has imposed measures concerning the sale of a blue jelly bar aimed at the children's market, with particular regard to the inclusion of artificial colouring whereby the use of the bar could be harmful to children. The MS has also pointed out the introduction of new legal provisions which, for health reasons, ban the use of all artificial colourings in produce specifically prepared the consumption by children. In addition to this there are growing concerned about latest research by an American Medical research group that suggests it may cause an allergic reaction in those with pre-existing asthma, however other laboratories have not been able to reproduce these findings. 2. Toffee Heaven Ltd (TH Ltd), is an importer of Blue Jelly Bars called BellaBella is prosecuted within the...

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