SWITZERLAND Law and Practice Contributed by: Annemarie Lagger and Amina Chammah, Walder Wyss Ltd
completely revised in order to avoid technical barriers to trade, with effect from 1 January 2024. The content of the EU regulation was adopted as far as possible or adapted to the Swiss context. In particular, the approval system, the names of the fertilisers and the structure of the Ordinance have been harmonised with the EU Regulation. Drop-Shippers Are Considered Distributors In a recent ruling, the Federal Administrative Court (A-4413/2021 of 20 September 2023) specified the definition of “placing on the mar- ket” according to the Ordinance on Low-Volt - age Electrical Products (LVEO). The court ruled that an operator offering products for sale on its website while acting as a drop-shipper (ie, selling products to customers without delivering or storing the products itself but instead having them delivered to customers by a wholesaler or supplier) is considered to be a distributor plac - ing a product on the market in accordance with the LVEO. By selling the product, the definition of making the product available on the market is fulfilled, regardless of whether the operator owned and stored the product. Drop-shippers are therefore obliged to comply with the regula - tions of the LVEO on market access and post- market surveillance of low-voltage electrical products. This ruling is presumably transferable to other sector-specific ordinances that use the term “placing on the market” . 3.2 Future Policy in Product Liability and Product Safety There are several areas of focus concerning future policy development in respect of product liability or product safety. The following develop - ments are noteworthy. Partial Revision of the Swiss Product Safety Act With the enactment of the Regulation (EU) 2023/988 on General Product Safety in Decem -
ber 2024, a partial revision of the Swiss Product Safety Act will be expected pursuant to the State Secretariat for Economic Affairs, the responsible Swiss authority. The Regulation provides for a new EU framework for general product safety in the context of digitalisation and e-commerce. It can be assumed that the partial revision of the Swiss Product Safety Act not only serves to reflect these developments but also to maintain the existing harmonisation with EU law. Swiss Product Liability Act – Mandate for Revision is Still Missing On 8 December 2024, the new Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defec - tive products and repealing Council Directive 85/374/EEC entered into force. With its entry into force, the existing system on product liability has been adapted to developments linked to transi - tion towards a circular and digital economy as well as AI. Since the Swiss Product Liability Act has been aligned with the repealed Directive 85/374/ EEC, an adaption of Swiss law to such new developments seems conceivable. However, the competent Swiss authority has not yet received a mandate to initiate a revision of the Swiss Product Liability Act (as of publication of this chapter. Partial Revision of the Swiss Therapeutic Products Act In the light of new technologies and legal devel - opments in the EU, Switzerland is currently revising the Swiss Therapeutic Products Act , inter alia, in relation to drug safety for patients and drug safety in paediatrics, namely by cre - ating a legal basis for a mandatory electronic medication plan or by establishing an obliga - tion to use electronic systems to calculate drug dosages for children. In light of Regulation (EC) No 2007/1394, new regulations in relation to advanced therapy medicinal products (ATMPs)
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