... by the German consumer protection authorities who inform them that, in order to sell products in Germany, any producer of food or drink must establish a distribution warehouse in Germany. This is justified on the grounds that it is necessary for the adequate monitoring and inspection of imported foodstuffs. Following concerns about the health effects of consuming too much caffeine, the Council and the European Parliament, acting on a proposal from the Commission, introduce a directive on labelling requirements for coffee products. This provides that coffee products must display a prominent warning to the effect that 'caffeine can damage your health'. The preamble to the Directive justifies EC intervention in the following terms: Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof... Whereas: (1)... the essential aim of any rules governing the production, distribution and use of any foodstuffs, such as coffee products, must be to safeguard ...

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