SWITZERLAND Law and Practice Contributed by: Annemarie Lagger, Amina Chammah and Isabell Schellhas, Walder Wyss Ltd
On 18 March 2011 (137 III 226), the Federal Supreme Court decided that a producer was not liable for any defects that were not detectable at the time of the market placement according to the then current state of scientific and technological knowledge (so-called development risks). 3. Recent Policy Changes and Outlook 3.1 Trends in Product Liability and Product Safety Policy PFAS Legislation Switzerland continues to tighten its regulatory frame - work on per- and polyfluoroalkyl substances (PFAS). Certain PFAS subgroups are already restricted under Annex 1.16 of the Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles (ORRChem), irrespective of their use. Further restrictions entered into force in January 2026, subject to transitional peri - ods until 1 November 2026, introducing additional limitations based on Regulation (EU) 2024/2462. In particular, they include a prohibition on the placing on the market of perfluorohexanoic acid (PFHxA) and its precursor compounds above specified threshold limits. The restrictions primarily target applications where PFAS can be readily substituted, such as cer - tain textiles and leather goods, food contact materials within the meaning of the Ordinance on Foodstuffs and Utility Articles (FUAO) made of paper and card - board, as well as products including ski waxes and cosmetics within the meaning of the FUAO. Further regulatory developments are currently under discus - sion. In particular, a prohibition on the placing on the market of food packaging and single-use consumer goods containing PFAS above defined threshold limits is being considered. The proposed amendments are expected to enter into force on 1 December 2026. Tobacco Regulation Swiss tobacco regulation is currently in transition. While the current Federal Act on Tobacco Products and Electronic Cigarettes (the “Tobacco Products Act”) and the implementing Federal Council’s Ordi - nance on Tobacco Products and Electronic Cigarettes came into force on 1 October 2024, a further revision is expected to enter into force in 2027. This revised
framework will primarily introduce stricter rules on the advertising of tobacco products and electronic ciga - rettes. While the amendments to the Tobacco Prod - ucts Act have already been finalised, the implement - ing ordinance is still under development. In substance, the new regime will broadly prohibit advertising, sales promotion and sponsoring wherever minors may be reached, subject to limited exceptions where effective measures ensure that minors are neither exposed to nor able to access such activities. It will also intro - duce age verification requirements, in particular for online advertising, online sales and vending machine sales. By contrast, the rules currently in force since 1 October 2024 prohibit advertising where minors are targeted or likely to be exposed. Unfair Competition Act A new regulation outlining strict standards for climate- related claims in commercial communications came into force at the beginning of 2025. Under the new Article 3, paragraph 1, letter x of the Federal Act on Unfair Competition (UCA), claims relating to the cli - mate impact of a company, product or service (eg, “climate friendly”, “CO₂ neutral” or “net zero”) must be substantiated with objective and verifiable evidence and may not be misleading, vague or imprecise. The practical scope of Article 3, paragraph 1, letter x of the UCA has been further elaborated by the Fed - eral Office for the Environment in its Enforcement Aid (cf unofficial English translation) published in March 2026. Although not legally binding, the document sets out key criteria for climate-related claims, particularly regarding objectivity and verifiability. It also identifies recognised methods and benchmarks under Swiss law, refers to relevant private standards and volun - tary frameworks, and provides guidance on the use of offsetting as well as commonly used climate-related claims. Product Ecodesign and Disposal On 1 January 2025, an amendment to the Federal Act on the Protection of the Environment (EPA) came into force aiming to strengthen the circular economy and reduce environmental pollution. The revised EPA provides, among others, for the obligation to reuse or recycle waste if this is technically possible, economi - cally viable and has less of an impact on the environ -
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