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F(G)ood Advertising Practice in Switzerland

Karola Krell Zbinden


Food businesses may advertise the qualities and effects of their products, if they are true and non-deceiving. These general legal principles for food advertising apply just as well in Switzerland as in the Member States of the European Union. What is and what is not good food advertising practice cannot be answered comprehensively. The national interpretations differ with regard to the questions: What is the acceptable truth and what is the general knowledge of the consumer in order to determine the deceiving character of an advertisement? Several decisions of the Swiss Courts show that food advertising has become a legally restricted and rather complicated undertaking. Not only marketing experts would like to challenge the judicial logic, if they understand that foods may “activate the natural resistibility”, but not “the immune system”, and this notwithstanding the fact that Switzerland has established a list of possible “health claims”. The following article describes the legal provisions and some decisions of Swiss Courts on food advertising and thus tries to reveal potential loopholes for creative marketing experts.

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