Authorised health claims are listed in the Swiss legislation. Health claims that are not listed in the legislation must be authorised by the FSVO prior to use.
Provisions on health claims are stipulated in the Ordinance on information on Foodstuffs (FoodIO). Health claims authorised in Switzerland are listed in Annex 14 of FoodIO. They correspond to a large extent to those authorised in the EU.
Health claims mentioned in Annex 14 may be used, provided that their conditions for use are fulfilled and that the provisions of the FoodIO are met. Health claims that are not mentioned in Annex 14 must be authorised by the FSVO.
The FSVO authorises health claims only if the effect claimed for the substance has been scientifically proven and that the consumer cannot be misled regarding the properties of the substance in question.
The authorisation is granted in the form of an individual decision for a specific duration. Only the holder of the authorisation may use the claim during the period of validity of the authorisation. However, the authorisation shall cease to be valid were the claim to be entered into Annex 14 or if no request for renewal were submitted before the expiry of the authorisation.
If the claim is entered into Annex 14 the holder of the authorisation loses the exclusive right to use the claim: the claim becomes useable by all.
However, the holders of the authorisation have the option to guarantee the exclusivity of use of the claim for a period of five years following the grant of the authorisation. For this, the holder, when submitting the application for authorisation, must indicate this and fulfil the applicable conditions (Art. 38 para 4 of the Ordinance on Foodstuffs and Utility Articles FUAO).
Procedure for applying for an authorisation
The application form for an authorisation and the supporting documents must be prepared taking into account the information of the fact sheet (see “More information”). These documents must be prepared for each claim being authorised.
The completed and signed application form for authorisation must be sent by post to the FSVO. Supporting documents may be sent either by post or by e-mail to firstname.lastname@example.org.
Last modification 13.09.2019