In Switzerland, advertising is governed by several laws and regulations that cover a broad spectrum of media and practices. Here are the key aspects of Swiss advertising law:
General Framework: Swiss advertising is regulated under a mixture of statutes including those protecting fair competition, trademarks, authorship, and privacy. Specific rules also apply to advertisements for alcohol, tobacco, pharmaceuticals, and certain foodstuffs. Media-specific rules are based on the forms of distribution—radio, TV, and telecommunication.
Unfair Competition Act: This act is pivotal in ensuring that advertising claims are not false, misleading, or otherwise violating principles of good faith. It specifically outlaws misleading statements about a product's characteristics, benefits, risks, composition, and other essential details.
Regulations on Specific Products: Advertising for products like alcohol and tobacco is heavily restricted. For example, advertising of spirits is banned in various media, and all alcohol ads must not target minors or claim health benefits. Strict rules also apply to the advertising of tobacco products, including prohibitions in many forms of media and specific regulations against targeting minors .
Native and Digital Advertising: Swiss law requires clear identification of native advertising to maintain the separation of content and advertising. There are no specific legal requirements for native advertising beyond general separation requirements, but adherence to the Swiss Fairness Commission's Basic Principles is advised.
Disclosure Requirements: In cases of integrated advertising content, such as product placements and sponsorships, Swiss law mandates that these should not directly encourage product transactions and must be naturally integrated into the content without undue prominence. Clear disclosures about product placements are required at various points during broadcasts.
Social Media and Online Advertising: Swiss rules apply to online providers based abroad if their services target Swiss consumers, such as through a '.ch' domain or a clear focus on Swiss consumers. Pricing transparency is essential, and all costs must be disclosed in Swiss francs along with any applicable taxes and fees.
