2 December 2025

The Federal Supreme Court dismissed an appeal brought by A. Ltd. against a decision of the Administrative Court of the Canton of Zug. A. Ltd. had been selling CBD oils both in Switzerland and abroad. The Cantonal Consumer Protection Office of Zug first imposed a sales ban and subsequently ordered the confiscation of the oils, having classified them as unauthorised foodstuffs. The sole issue in dispute before the Federal Supreme Court was whether the CBD oils could be regarded as foodstuffs within the meaning of Art. 4 of the Foodstuffs Act (FSA).

The Federal Supreme Court stated that determining whether a product qualifies as a foodstuff requires an overall assessment of the circumstances of each individual case. This assessment must consider whether the manufacturer or distributor intended the product for a food-related purpose, or whether, in the ordinary course of events and according to general life experience, the product would be considered a foodstuff. In this case, it was undisputed that the oils were not intended for use as food. However, the Court held that the average consumer would nonetheless ingest the oils as a foodstuff. The Court based this conclusion in particular on the insufficiently clear usage instructions provided by A. Ltd. Accordingly, the Federal Supreme Court dismissed the appeal.

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