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Testing Bans and Marketing Bans under the Cosmetics Directive – How to find a balance between the protection of animal welfare and the right to develop and market cosmetic ingredients

Kristian Fischer


I. Introduction This article analyses the testing and marketing bans under the Cosmetics Directive. After a glance at the legal and factual background (II.), the analysis will then turn to the fundamental rights of Community law (III.) and demonstrate that the envisioned phase-out of animal testing on 11 March 2009 leads to a conflict with Community law (IV.). Finally, several options on how such conflict can be avoided and how a right balance between

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