SWITZERLAND Trends and Developments Contributed by: Annemarie Lagger, Amina Chammah and Isabell Schellhas, Walder Wyss Ltd
the environmental footprint of packaging by introduc - ing strict prevention, design and reuse obligations. The Packaging Regulation focuses on the food, deliv - ery and retail sector. It requires, among other things, that all packaging placed on the EU market is fully recyclable by 2030 and sets minimum thresholds for the use of recycled material. The Regulation will apply from 12 August 2026. Switzerland does not currently provide for such exten - sive packaging and packaging waste legislation. At present, aside from the general changes to the EPA mentioned above, Swiss law only provides for sec - tor-specific regulations ‒ for instance, certain content restrictions for packaging that comes into contact with food, as set out in the Food Contact Materials Ordi - nance or specific provisions outlined in the Ordinance on Beverage Containers. However, a new Ordinance on Packaging ( draft version ) is expected to enter into force in spring 2027, replacing the current Ordinance on Beverage Containers. The new ordinance will cov - er all packaging types and materials and introduces, inter alia, fundamental requirements for the produc - tion of packaging materials, ensuring that resource efficiency and recyclability are considered from the design stage. It also establishes requirements for the take-back and recycling of single-use plastic packag - ing and beverage cartons, and extends the advance disposal fee to glass packaging used for food and cosmetic products. In addition, a notification obliga - tion was introduced for importers and manufacturers of single-use packaging. Greenwashing and green claims Directive (EU) 2024/825 as regards empowering con - sumers for the green transition through better pro - tection against unfair practices and through better information (the “Greenwashing Directive”) introduces strict rules with regard to advertising and labelling ser - vices and products as sustainable and environmen - tally friendly. It also enhances information obligations on durability and repairability of products. Among other things, the Greenwashing Directive prohibits unsubstantiated generic terms relating to sustainabil - ity and environmental aspects and restricts the use of
sustainability labels not based on approved certifica - tion schemes or established by public authorities. The Greenwashing Directive will be applicable to market operators from 27 September 2026 and applies to all kinds of products placed on the EU market. In addition, the European Commission proposed a Directive on substantiation and communication of explicit environmental claims (the “Green Claims Direc - tive”), introducing harmonised rules on, for example, the substantiation of environmental claims by using reliable, state-of-the-art methods and the transparent communication of such claims. The legislative pro - cess of the Green Claims Directive is currently on hold following the European Commission’s announcement in June 2025 of its intention to withdraw the proposal. In Switzerland, the Unfair Competition Act (UCA) expressly addresses misleading climate-related claims. Article 3, paragraph 1, letter x of the UCA sets strict standards for climate-related claims in commer - cial communications. Claims on companies, products and services such as “climate friendly”, “CO₂ neutral” or “net zero” as well as forward-looking and compara - tive claims like “net zero by 2050” must be substanti - ated with objective and verifiable evidence. Claims must not be misleading, vague or imprecise and must be up to date, otherwise they will constitute a violation of the UCA. The practical scope of the provision has been further elaborated by the Federal Office for the Environment in its Enforcement Aid (cf unofficial Eng - lish translation ) published in March 2026. Although not legally binding, the document sets out key cri - teria 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 voluntary frameworks, and provides guidance on the use of offsetting as well as commonly used climate-related claims. Additionally, false or misleading green claims can have contractual consequences under Swiss law if the environment-related characteristics were contrac - tually agreed upon.
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