Do you manufacture or sell food, drinks, food supplements, cosmetics or other consumer goods in Switzerland? The authorities may inspect your products and impose severe measures against you. Ensure you comply with the regulations and act appropriately should the need arise.
Do I need a permit to sell food and cosmetics in Switzerland?
In Switzerland, a self-monitoring obligation applies to food, beverages, food supplements, cosmetics and other consumer goods. This means that products can generally be sold in Switzerland without an authorisation procedure by the authorities. In return, the business or the person responsible is obliged to ensure compliance with legal requirements.
Just because a product can be sold on the Swiss market does not automatically mean that it is legal.
Who monitors compliance with the regulations?
Compliance with legal requirements is monitored through regular inspections by authorities such as consumer protection agencies or cantonal laboratories.
What happens if a product is found to be non-compliant?
If products are found to be non-compliant during an inspection, the authority may impose a range of measures, such as sales bans, seizure or destruction of the products. In addition, there are also severe criminal penalties involving fines and even imprisonment.
Such measures are detrimental to business success. It is worth checking products thoroughly before sale.
What regulations must be complied with?
The legal regulations are very extensive. Essentially, the aim is to ensure that the product is safe. For example, only permitted ingredients may be used. Furthermore, consumers must be provided with the necessary information to purchase the products and be protected from deception. For instance, there are strict requirements regarding the declaration of allergens, and it is clearly defined which ‘health claims’ and ‘beauty claims’ may be made. Which of these claims are permitted depends on the distinction from medical products. There are also regulated claims for vitamins.
What are medical products?
The term ‘medical products’ covers medicines (pharmaceuticals) and medical devices. Medical products are products intended or advertised to have a medical (pharmacological) effect on humans, in particular for the diagnosis, prevention or treatment of diseases, injuries and disabilities. Medical devices are devices intended or advertised for medical use, i.e. for diagnostic or therapeutic purposes.
The manufacture and sale of medical products are strictly regulated and require authorisation and approval from Swissmedic.
Why is it important to distinguish between food and medical products?
If food or everyday items are advertised as medical products, there is a high risk that the product will fall under the strict regulations governing medical products. The consequence of this is that the seller of such products is liable to prosecution, as medical products are being sold in Switzerland without authorisation and approval.
What would constitute forbidden advertising claims for food?
Examples of impermissible medical claims for food or consumer goods would include:
- Has an anti-inflammatory effect on joint pain
- Helps with diabetes
- Relieves osteoarthritis pain
- Treats skin inflammation
- Stops the progression of Alzheimer’s
What should you bear in mind when ordering medical products from a foreign online shop?
Over-the-counter medicines may be ordered from abroad and imported in quantities equivalent to one month’s therapeutic requirement for personal use. Larger quantities are considered unauthorised and will be seized by customs and forwarded to Swissmedic. Ordering medicines that require a prescription in Switzerland from abroad is prohibited in all cases. Such orders will also be seized and forwarded to Swissmedic. For products on the doping list, doping proceedings may also be initiated.
When is legal assistance advisable?
Legal assistance is particularly advisable in the following situations:
- Entry into the Swiss market
- Launch of new products
- In the event of announced or already carried out inspections by a regulatory authority
- Seizure of products by Swiss customs
- Ongoing proceedings by Swissmedic
- When using health claims
Services and packages
Compliance-Check (CHF 500)
Let us check a product for compliance with Swiss law. This offer applies to the first product only.
Development of a compliance framework
We can help you develop the necessary self-monitoring plan. This will enable you to demonstrate to the authorities that you are complying with your testing obligations.
Assistance with food inspections
We can advise and assist you with regard to official food inspections.
Contact:
+41442082525 or info@streichenberg.ch
