Sales Promotion

  • Sales promotion is regulated in Switzerland by the Federal Law on Unfair Competition, as modified in 2012.

When price reductions are mentioned in advertisings, they must be indicated according to the rules issued by the Federal Council.

It is prohibited to use misleading practices to announce prices, to announce price reductions or to mention other prices in addition to the price to be effectively paid.

Shall be deemed to have committed an act of unfair competition, anyone who, in particular:

  • misleads the customers, by means of gifts, as to the effective value of the offer;
  • misleads consumers in relation to the quality, quantity, use possibilities, utility of products, work or services or avoiding mentioning the dangers they involve;
  • in the framework of a contest or prize draw, announces a prize which validation entails: the resort to a payable service number with added value; the transfer of compensation at a cost; the purchase of a product or service; the participation in a commercial event or in an advertising trip or the participation in another prize draw.
  • Advertising of foodstuffs is regulated by the Federal Act on Foodstuffs and the Ordinance on Foodstuffs and Commodities.

 

 

  • The offering and advertising of money games are subject to the strict regulation of the newly enacted Money Games Act (which entered into force on 1 January 2019). Advertising is allowed only for licensed money games and if it is not misleading or intrusive. In addition, the advertising must not be directed at minors or persons barred from playing money games. There are additional restrictions on the form and time of the advertising.

The Rules of Fairness in Commercial Communications of the Swiss Fair-Trading Commission also include some provisions on sales promotion.

Please visit:

  • The Federal Law on Unfair Competition of 19 December 1986

http://www.admin.ch/ch/d/sr/2/241.de.pdf (German version)

http://www.admin.ch/ch/f/rs/2/241.fr.pdf (French version)

http://www.admin.ch/ch/i/rs/2/241.it.pdf (Italian version)

  • Federal Law on Alcohol

https://www.admin.ch/opc/de/classified-compilation/19320035/index.html

(German version)

https://www.admin.ch/opc/fr/classified-compilation/19320035/index.html (French version)

https://www.admin.ch/opc/it/classified-compilation/19320035/index.html (Italian version)

 

  • Principles of Fairness in Commercial Communications (April 2008) of the Swiss Fair Trading Commission.

http://www.faire-werbung.ch/wordpress/wp-content/uploads/2013/09/Grundsaetze.pdf

(German version)

http://www.faire-werbung.ch/wordpress/wp-content/uploads/2013/09/regles_commission.pdf

  • Federal Act on Foodstuffs and Utility of 20 June 2014 (Status as of 1 May 2017)

https://www.admin.ch/opc/en/classified-compilation/20101912/index.html

(English version)

https://www.admin.ch/opc/fr/classified-compilation/20101912/index.html

(French version)

https://www.admin.ch/opc/de/classified-compilation/20101912/index.html

(German version)

https://www.admin.ch/opc/de/classified-compilation/20143393/index.html

  • Federal Act on Medicinal Products and Medical Devices

https://www.admin.ch/opc/en/classified-compilation/20101912/index.html

(English version)

 

  • Money Gaming Act (July 2018)

(French version)

https://www.admin.ch/opc/fr/classified-compilation/20182206/index.html

(French version)

https://www.admin.ch/opc/de/classified-compilation/20172704/201907010000/935.51.pdf

(German version)