AS LAID DOWN IN ARTICLE 30 ET SEQ . OF THE TREATY PROVIDED THAT THEY AVOID ANY CONFUSION ON THE PART OF CONSUMERS AND ENSURE FAIRNESS IN COMMERCIAL TRANSACTIONS . HENCE COMMUNITY LAW DOES NOT PRECLUDE A NATIONAL MEASURE SECURING ACCURATE CONSUMER INFORMATION AND THEREBY AVOIDING ANY CONFUSION . HOWEVER, THE MEASURE IN QUESTION IN THIS CASE GOES BEYOND THAT .
12 AS TO THE RISK OF MILK PRODUCTS BEING SUPPLANTED BY SUBSTITUTES BECAUSE THEY ARE LOWER PRICED, IT IS SUFFICIENT TO OBSERVE THAT A MEMBER STATE MAY NOT PLEAD A MANDATORY REQUIREMENT, SUCH AS CONSUMER PROTECTION, IN ORDER TO SHIELD A PRODUCT FROM THE EFFECTS OF PRICE COMPETITION ON THE PRETEXT OF ECONOMIC DIFFICULTIES BROUGHT ABOUT BY THE ELIMINATION OF BARRIERS TO INTRA-COMMUNITY TRADE . NEITHER CAN IT BE SAID THAT BY PROHIBITING THE MARKETING OF MILK SUBSTITUTES THE PROVISION IN QUESTION SAFEGUARDS THE CONSUMER' S FREEDOM OF CHOICE . ON THE CONTRARY, ONLY THE POSSIBILITY OF IMPORTING MILK SUBSTITUTES WILL GIVE CONSUMERS A GENUINE CHOICE BETWEEN WHITENERS AND MILK PRODUCTS .
13 IT FOLLOWS THAT AN ABSOLUTE PROHIBITION ON THE IMPORTATION AND SALE OF MILK SUBSTITUTES IS NOT NECESSARY IN ORDER TO PROTECT CONSUMERS AND HENCE THE FRENCH GOVERNMENT' S FIRST SUSBMISSION MUST BE REJECTED .
HEALTH PROTECTION
14 IN THIS CONNECTION, THE FRENCH GOVERNMENT RELIES ON TWO ARGUMENTS, ONE RELATING TO NUTRITIONAL VALUE, THE OTHER BASED ON THE ALLEGED HARMFUL EFFECT OF MILK SUBSTITUTES ON PARTICULAR GROUPS OF THE POPULATION .
15 AS FAR AS THE FIRST ARGUMENT IS CONCERNED, IT MUST BE OBSERVED THAT A MEMBER STATE MAY NOT INVOKE PUBLIC HEALTH GROUNDS IN ORDER TO PROHIBIT THE IMPORTATION OF A PRODUCT BY ARGUING THAT ITS NUTRITIONAL VALUE IS LOWER OR ITS FAT CONTENT HIGHER THAN ANOTHER PRODUCT ALREADY AVAILABLE ON THE MARKET IN QUESTION . IT IS PLAIN THAT THE CHOICE OF FOODSTUFFS AVAILABLE TO CONSUMERS IN THE COMMUNITY IS SUCH THAT THE MERE FACT THAT AN IMPORTED PRODUCT HAS A LOWER NUTRITIONAL VALUE DOES NOT POSE A REAL THREAT TO HUMAN HEALTH . MOREOVER, AS THE COMMISSION HAS POINTED OUT WITHOUT BEING CONTRADICTED BY THE FRENCH GOVERNMENT, THERE ARE PRODUCTS ON THE MARKET IN FRANCE WHICH ARE ALSO OF LOWER NUTRITIONAL VALUE OR ARE COMPOSED SUBSTANTIALLY OF THE SAME FATS USED IN MILK SUBSTITUTES YET THERE IS NO BAN ON MARKETING THEM .
16 AS REGARDS THE HARMFUL EFFECT OF MILK SUBSTITUTES ON CERTAIN GROUPS OF THE POPULATION, THE COMMISSION RIGHTLY POINTED OUT THAT MILK PRODUCTS ALSO POSE RISKS TO PEOPLE SUFFERING FROM CERTAIN DISEASES AND, SECONDLY, THAT THERE IS MANIFESTLY DISAGREEMENT BETWEEN SPECIALISTS AS
TO THE ACTUAL AND POTENTIAL DANGERS TO HUMAN HEALTH OF ANIMAL AND VEGETABLE FATS . IN THAT CONNECTION, IT MUST BE POINTED OUT THAT APPROPRIATE LABELLING INFORMING CONSUMERS ABOUT THE NATURE, THE INGREDIENTS AND THE CHARACTERISTICS OF THE MILK SUBSTITUTES ON OFFER WOULD ENABLE PERSONS LIABLE TO BE ADVERSELY AFFECTED BY VEGETABLE FATS OR OTHER CONSTITUENTS OF THE MILK SUBSTITUTES TO DECIDE FOR THEMSELVES AS TO WHETHER TO USE