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The importance of consumer affairs has been
increased substantially over the recent years. One reason for the increased
importance was the spreading of the internet and the electronic commerce which
led to an increase of long distance sales and the need to protect the consumer
from unserious business practice. Unlike in the European Community, the adoption
of laws and regulations to promote the interests, health and safety of consumer
has been low in Switzerland. Except for the new Federal law on Medicinal
Products and Medical Devices and the Federal Law on Consumer Credit, no new
legislation was introduced in the last years. Currently, there are several
legislative proposals under review.
The area of consumer protection covers multiple aspects of the daily life.
Apart from the fact that there are detailed regulations regarding food safety
and public health in place, the other aspects of consumer protection are
regulated in various different statutes in a non-systematic manner. According to
the classification of the Federal Office of Consumer Affairs, consumer
protection is defined as safety of consumer goods and safeguarding consumer’s
interest. Safety of consumer goods focuses on the health and safety of consumers
mainly regulated by the Federal Law on Medicinal Products and Medical Devices,
Federal Law on Food and Utility Articles and by the Federal Law on Product
Liability. In addition, there are various statutes covering specialties of goods
and safety risks (e.g. electric installations). Safeguarding consumer’s interest
focuses on the commercial interests of consumers. The main requirement necessary
to safeguarding of commercial interest is the provision of adequate objective
information of consumers enabling rational decision-making. The individual
consumer information is covered by the general provision of the Swiss Code of
Obligation related to the duty to provide clarification in contractual
negotiations. The collective consumer information is subject to the Federal Law
on Consumer Information. Based on this Statute, an organization for consumer
protection has been established and funded by the Swiss government. Product
Testing as part of the collective consumer information is currently not
expressly regulated but subject to the general principles of the Federal Law
against Unfair Competition. The Ordinance on Publication of Price defines
certain minimum information regarding the indication of prices and was currently
revised. Based on revised Ordinance, dentists and special services provided by
telephone to consumer have to declare their prices.
Applicable
law
Detailed
information
Frequently
asked questions
Useful links
This site has been prepared by
Ulrich Eisenring
Baxter Healthcare SA
Hertistrasse 2
8304 Wallisellen
Switzerland
Tel: +41 44 908 50 50
Fax: +41 44 908 50 40
E-Mail: ulrich_eisenring@baxter.com
www.baxter.ch
April 2006
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