53The Court has held that the ‘reference consumer’ is an average consumer who is reasonably well informed and reasonably observant and circumspect (see, with regard to foodstuffs, Case C-210/96 Gut Springenheide and Tusky [1998] ECR I-4657, paragraph 31). That test, based on the principle of proportionality, also applies in the context of the marketing of cosmetic products where a mistake as to the product's characteristics cannot pose any risk to public health (Case C-220/98 Estée Lauder [2000] ECR I-117, paragraph 28, and Case C-99/01 Linhart and Biffi [2002] ECR I-9375, paragraph 31).
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