2 December 2025

In its decision 2C_453/2024 of 20 October 2025, the Federal Supreme Court dismissed an appeal against a decision of the Administrative Court of the Canton of Thurgau. The case originated from a ruling issued by the cantonal chemist prohibiting the sale of several CBD oils in the C. drugstore, on the grounds that they contained an impermissibly high concentration of THC. The Administrative Court rejected an appeal lodged by A., who then took the matter to the Federal Supreme Court.

A. claimed that several procedural rights had been violated, as the original ruling had been addressed to the C. drugstore rather than to him personally. The Federal Supreme Court dismissed this argument, noting that A. bore responsibility for the drugstore under the Foodstuffs Ordinance (Lebensmittel- und Gebrauchsgegenständeverordnung, LGV), and that the ruling was, in both its address and salutation, directed at him. A. further argued that the CBD oils had been wrongly classified as foodstuffs rather than as chemicals. The Federal Supreme Court, however, upheld the Administrative Court’s assessment, concluding that the oils, when considered in their entirety, were to be regarded as foodstuffs. Finally, A. contended that the oils were not harmful to health and were thus suitable for sale and distribution. The Federal Supreme Court also rejected this submission, pointing out that the high THC concentration could not possibly rule out any risk to consumers' health. For these reasons, the Federal Supreme Court dismissed the appeal.

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