SWITZERLAND Law and Practice Contributed by: Lukas Bühlmann, Michael Reinle and Michael Schüepp, MLL Legal
are led to believe that it is a personal recommenda - tion or an objective product review). Furthermore, the UCA entails rather strict provisions on promotional raffles/lotteries (eg, Article 3 (1)(t), UCA) and aggressive product marketing activities, which also apply to the metaverse. Even though advertising in the metaverse is widely discussed in legal articles, it has not been discussed by the authorities or the legislature. The Ordinance on Beverages sets forth the criteria to be complied with for specific beverages – ie, it deter - mines when a beverage may be marketed as min - eral water, fruit water, alcohol-free beer and so on. It also sets out certain restrictions for the design of the labels, marketing materials and the use of geographic origins (eg, whiskey). The Federal Statute on Spirits (the “Alcohol Act”) con - tains two provisions dealing with (and restricting) the marketing and advertising of spirits. Article 41 sets out (among others) that: • spirits may not be sold and marketed to consum - ers under 18 years of age; • below-cost prices are prohibited; and • free samples to an unspecified consumer circle are prohibited. Article 42b of the Alcohol Act contains specific restric - tions for advertising, such as the requirement that advertising for spirits must only contain information that directly relates to the product or its features – for example, in advertising for spirits it is prohibited to include pictures of an attractive sandy beach. It is also prohibited to display spirit adverts in specific locations, such as on public transport. Another impor - tant restriction is the prohibition of providing spirits as prizes in a sweepstake. Article 1 of the Federal Statute on Banks and Sav - ings Banks sets out that the terms “bank” or “banking 10. Product Compliance 10.1 Regulated Products
institute” must only be used in the advertising (and commercial correspondence in general) of institutions, which are subject to the statute and supervised by the Swiss Financial Market Supervisory Authority. Article 4 prohibits misleading or intrusive advertising by the Swiss seat of a banking institution. Article 3 of the Ordinance on Banking Institutions sets out that only institutions with a banking licence are permitted to advertise the acceptance of deposits from the public. Article 20 of the Federal Statute on Protection against Dangerous Substances and Preparations sets out that the advertising for dangerous chemicals or chemical mixtures must not mislead the public about the dan - ger of the products or lead to an improper use. Article 60 of the Ordinance on Chemicals prohibits the use of specific terms, such as “non-toxic” and “eco-friend - ly”, in the advertising for such products. Article 31 of the Federal Statute on Medicinal Products and Medical Devices sets out as a principle that it is permitted to advertise all types of medicinal products if the advertising is directed exclusively at persons who prescribe or dispense them. It is also permit - ted to advertise non-prescription medicinal products to the general public. Article 32 deals with unlawful advertising for medicinal products. Further details on the advertising of medicinal products are included in the Ordinance on Advertising of Medicinal Products. The Ordinance differentiates between advertising to specialists and advertising to the public. Article 12 of the Ordinance on Foodstuffs stipulates a general prohibition against misleading and deceiv - ing consumers in the advertising of foodstuffs. Article 12 (3) of the Ordinance prohibits the use of specific claims and information in advertising, such as health- related claims (with certain exceptions), deceptive claims about the origin of a foodstuff, etc. Since the individual substances of cannabinoids as well as hemp extracts containing cannabinoids have historically not been consumed to any significant extent in connection with foodstuffs, products con - stituted in this way are regularly to be qualified as novel food. Advertising for novel food is subject to the same requirements as set out for other foodstuffs above. Please note that certain products containing
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