SWITZERLAND Law and Practice Contributed by: Annemarie Lagger and Amina Chammah, Walder Wyss Ltd
paragraph 8; and Article 12, paragraph 4). The notification obligation of the Product Safety Act applies where the specific sectoral law does not provide for any separate notification obligation. The notification must be made immediately. According to an FAQ guide published by the State Secretariat for Economic Affairs (SECO), “immediately” means no later than one to two days, depending on the associated safety risk. Swiss legal scholars advocate for a longer period of up to ten days in line with the European Com - mission’s Guidelines for the Notification of Dan - gerous Consumer Products to the Competent Authorities of the Member States by Producers and Distributors, in accordance with Article 5, paragraph 3 of Directive 2001/95/EC. The Swiss Product Safety Act defines the mini - mum content of the notification. There are no legal requirements as to the form of the notifica - tion. However, some regulatory bodies provide for voluntary notification templates on their web - sites but emphasise that the completion of the form should not delay the notification. 1.5 Penalties for Breach of Product Safety Obligations Generally, any person who fails to notify the authorities in a timely manner of a dangerous or potentially dangerous consumer product, as required under Article 8, paragraph 5 of the Swiss Product Safety Act, or who breaches the duty to collaborate with the enforcement authorities (Article 11, Swiss Product Safety Act) is liable for a fine of up to CHF40,000 (in the case of wilful - ness) or CHF20,000 (in the case of negligence). Further, any person who intentionally places a product on the market that does not meet the requirements of Article 3, paragraphs 1 and 2 of the Swiss Product Safety Act (general safety requirements) and thereby endangers the safety
or health of users or third parties shall be liable to a custodial sentence not exceeding one year or to a monetary penalty (if the offender acts on a commercial basis, a custodial sentence up to three years or a monetary penalty). Further sanctions may apply in cases of negligence, false certifications, the unauthorised issuance of declarations of conformity or the use of label - ling or warning and safety instructions that do not correspond to the specific hazard potential of a product. Sectoral law, however, sometimes provides for different criminal liability. In any case, the law sets forth that the person within the producer’s organisation who is responsible for the offence should be punished. The principal is only punished if they wilfully or negligently, in breach of a legal obligation, failed to prevent the offence. There are no publicly available examples of com - panies being prosecuted or fined for breaching these obligations. However, that does not mean that no such cases exist. Under Swiss criminal prosecution law, the courts may generally only publish a judgment if the publication is in the public’s interest or in the interest of the injured party. 2. Product Liability 2.1 Product Liability Causes of Action and Sources of Law Depending on the respondent of the action (eg, a producer, distributor or retailer), an injured party would likely base its claim for damages on the following grounds. Against the Producer The Federal Product Liability Act provides for the non-contractual strict liability (ie, not depending on fault) of a producer for damages if a defective
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