News
Decision 2C_136/2024 of 13 September 2024

26 October 2024

Decision 2C_136/2024 of 13 September 2024

In its decision of 13 September 2024, the Federal Supreme Court upheld the ruling of the Consumer Protection Office (Office de consummation, OFCO) of the Canton of Vaud concerning the labeling of a product «Thé vert-Maté-Hibiscus – Energy Boost». The OFCO concluded that the term «Energy Boost» represented an unlawful health claim. Consequently, the OFCO mandated the appellant, the product supplier, either to remove the label or to retain in under specific conditions.

The primary issue before the court was whether the term « Energy Boost» violated regulations concerning health claims under food labeling laws. The court emphasized the importance of compliance with food law, concluding that the label was misleading because it did not include specific, permissible health-related statements.

The court also assessed the restriction on using the term «Energy Boost», characterizing it as a minor infringement on the appellant’s economic freedom, one that was grounded in a sufficient legal basis and served a legitimate public interest. Furthermore, the court ruled that the appellant could not rely on the principle of «equality in injustice», as no consistent unlawful practice by the OFCO had been identified.

For more information, see here.

More News

Subscribe to newsletter