Product Liability and Safety 2025

SWITZERLAND Trends and Developments Contributed by: Annemarie Lagger and Amina Chammah, Walder Wyss Ltd

pendent third-party conformity assessment bod - ies to verify the affected trader’s compliance with the Green Claims Directive. The Green Claims Directive will apply to all traders making volun - tary explicit environmental claims to consum - ers in the EU, subject to limited exemptions for microenterprises. In Switzerland, the Unfair Competition Act (UCA) expressly addresses misleading green claims. Article 3, paragraph 1, letter x, UCA, which came into force on 1 January 2025, sets strict stand - ards for climate-related claims in commercial

communications. Claims on products such as “climate friendly” , “CO₂ neutral” or “net zero” as well as forward-looking and comparative claims like “net zero by 2050” or “50% reduced emis- sions” must be substantiated with objective and verifiable information. Claims may not be mis - leading, vague or imprecise and must be up to date, otherwise they would constitute a viola - tion of the UCA. Additionally, false or misleading green claims can have contractual consequenc - es under Swiss law if the environment-related characteristics were contractually agreed upon.

254 CHAMBERS.COM

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