10 March 2026

A Ltd distributed the products “Ginsor+” and “Ail noir Aubépine”. The Consumer and Veterinary Affairs Service of the Canton of Geneva ordered A Ltd to immediately withdraw these two products from the market, as they contained substances that were not listed as foodstuffs. After its objection was rejected by the cantonal authority, A Ltd appealed to the Administrative Chamber of the Geneva Court of Justice, which also dismissed the appeal. Subsequently, A Ltd brought the matter before the Federal Supreme Court.

The Federal Supreme Court examined ex officio its jurisdiction and the admissibility of the appeal. It found that the order to withdraw the products from the market constituted a provisional measure. The Court clarified that, for such provisional measures, the appeal had to be filed within 30 days of notification, without the deadline being suspended during the judicial recess. Since A Ltd’s appeal was lodged after this deadline, the Court declared it inadmissible in respect of the withdrawal order and marketing ban. The appeal was therefore dismissed.

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