SWITZERLAND Law and Practice Contributed by: Annemarie Lagger and Amina Chammah, Walder Wyss Ltd
Tobacco Regulation As of 1 October 2024, a new Federal Act on Tobacco Products and Electronic Cigarettes (the “Tobacco Products Act” ) and the implementing Federal Council’s Ordinance on Tobacco Products and Electronic Cigarettes came into force. These regulations cover tobacco products (ie, product consisting of or containing parts of leaves of plants of the genus Nicotiana (tobacco) and intended for smoking, inhalation after heating or snuffing, as well as nicotine products for oral use and herbal products for smoking) and electronic cigarettes. With regard to the protection of minors, advertising for tobacco products and electronic cigarettes that is directed at minors or that may reach minors is prohibited. As a result, the Tobacco Products Act prohibits, for example, the advertising of tobacco products and electronic cigarettes on posters, in cinemas, on sports fields, in and on public build - ings, or in and on public transport. It also prohibits the sponsorship of events for minors or events of A new regulation outlining strict standards for climate-related claims in commercial communi - cations 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 environmental impact of a product (eg, “climate friendly” , “CO₂ neutral” or “net zero” ) must be substantiated with objec - tive and verifiable information and may not be an international character. Unfair Competition Act On 1 January 2025, an amendment to the Fed- eral Act on the Protection of the Environment (EPA) came into force aiming to strengthen the circular economy and reduce environmental pol - lution. The revised EPA provides, among others, for the obligation to reuse or recycle waste if this misleading, vague or imprecise. Product Eco-design and Disposal
is technically possible, economically viable and has less of an impact on the environment than alternative options. In addition, it authorises the Federal Council to impose obligations regarding the disposal and life cycle of products and pack - aging. Although the Federal Council has not yet exercised its new powers or announced a respec - tive timeline, further regulations on eco-design and product sustainability are expected, aligning Swiss law more closely with EU developments. Biocidal Products and Fertilisers As of 1 January 2024, amendments to the Ordi- nance on Biocidal Products came into effect that aim to improve data interpretation in order to identify potential health and environmental risks caused by the use of biocidal products. The amendment introduces a new annual reporting requirement for biocidal products placed on the market. This reporting obligation applies to the person who first places a biocidal product on the market in Switzerland within the supply chain. Such notification must include information on the responsible party as well as information on the biocidal products placed on the market (eg, the quantity of biocidal products distributed, the active ingredients in the biocidal products and their concentrations). Notifications must be made electronically. The first report, covering the data of 2024, was due by 31 May 2025. Addition - ally, indicators based on water measurements have been established to assess and reduce the risks posed by biocidal products. Repeated sig - nificant instances of exceeding the limits set in the Waters Protection Ordinance may lead to the modification or revocation of biocidal product authorisations. Furthermore, following the entry into force of the new EU Regulation 2019/1009 with provisions for the making available on the market of EU fertiliser products, the Fertilisers Ordinance was
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