What does Swiss food law say about supplements?
Quick summary
The Federal Act on Foodstuffs and Utility Articles (FSA, SR 817.0) and the FDHA Ordinance on Food Supplements (FSUAO, SR 817.022.14) are the two main texts that govern them in Switzerland.
Key facts
Key takeaways
- Switzerland imposes no prior market authorisation: supplements fall under food law, not under medicines law.
- The manufacturer or importer is responsible for compliance through the self-monitoring principle (Art. 26 FSA).
- The FSUAO sets the maximum quantities per daily dose (Annex 1, in force since 1 July 2020).
- Health claims are strictly governed by the FIO; any curative wording tips the product under the TPA.
- Controls are carried out by sampling at cantonal level, under the coordination of the FSVO.
Swiss law on food supplements rests on two main texts and four additional ordinances, with no prior market authorisation procedure. Within the universe of the food supplement, the Swiss regulation on food supplements stands out from the European Union framework through binding maximum quantities per daily dose and an a posteriori control coordinated by the FSVO.
The FSA, framework act for food supplements
What is the principal act governing food supplements in Switzerland?
Under Swiss law, the principal act is the Federal Act on Foodstuffs and Utility Articles (FSA, SR 817.0), adopted on 20 June 2014 and in force since 1 May 2017[1]. It treats food supplements as a kind of foodstuff, not as medicinal products. This classification rules out any prior authorisation regime.
Article 4 of the FSA defines food in the legal sense; Article 7 sets the food safety requirement; Article 2 para. 4 let. d establishes the boundary with therapeutic products (TPA, SR 812.21)[2].
What central principle does the FSA impose on manufacturers?
The central principle is self-monitoring, set out in Article 26 of the FSA[3]. Any business or responsible person that manufactures, imports, distributes or exports foodstuffs is required to ensure compliance with the legal requirements at every stage. The State steps in downstream, through a posteriori control.
The FSUAO and the specific implementing ordinances
What does the FSUAO specifically provide for food supplements?
The FDHA Ordinance on Food Supplements (FSUAO, SR 817.022.14) of 16 December 2016[4] sets, in seven main articles and three annexes, the rules specific to this category.
Article 1 of the FSUAO defines a supplement as a foodstuff concentrated in vitamins, mineral salts or other ingredients with a nutritional or physiological effect, presented in a dosed form to supplement the nutrient intake of a normal diet. Article 3 details the labelling requirements; Article 4 lists the prohibited mentions. The revision in force since 1 July 2020 updated the maximum quantities per daily dose in Annex 1[5] through a new calculation model based on current scientific knowledge from research.
Which other ordinances complete the FSUAO?
Four additional ordinances[6] apply alongside the FSUAO. They cover consumer information and claims, the use and addition of substances, plant-based foodstuffs, and novel foods.
| Text | Fedlex reference | Main function |
|---|---|---|
| FSA | SR 817.0 | Federal framework act, general principles and self-monitoring (Art. 26). |
| Foodstuffs Ordinance | SR 817.02 | General implementing ordinance of the Federal Council. |
| FSUAO | SR 817.022.14 | FDHA ordinance specific to supplements (composition, labelling, doses). |
| FIO | SR 817.022.16 | Consumer information and health claims (Annex 14). |
| OAVMS | SR 817.022.32 | Addition of vitamins, mineral salts and other substances (Annex 4). |
| OPFA | SR 817.022.17 | Plant-based foodstuffs, fungi and prohibited plants (Annex 1). |
Hierarchy of texts and key articles
How are the FSA and its implementing ordinances articulated?
The hierarchy follows three levels: federal act, Federal Council ordinance[7], ordinance of the Federal Department of Home Affairs (FDHA). The FSA sets the principles; the Foodstuffs Ordinance specifies general implementation; the FSUAO and the other FDHA ordinances govern the technical requirements by category.
Practical effect: for every supplement sold in Switzerland, the applicable law combines general rules (FSA, Foodstuffs Ordinance, FIO) and specific rules (FSUAO, OAVMS, OPFA) that must be respected across the entire chain, from formulation to sale. No part of this foundation is optional.
Which specific articles govern a food supplement marketed in Switzerland?
Six articles structure a product’s compliance. They follow the market-placing cycle and allow legal information available on Fedlex to be identified directly[8].
- Art. 4 FSA — definition of foodstuffs.
- Art. 7 FSA — general food safety requirement.
- Art. 26 FSA — manufacturer’s self-monitoring principle.
- Art. 1 and 2 FSUAO — definition of the supplement and composition.
- Art. 3, para. 7 FSUAO — mandatory labelling mentions.
- Art. 4 FSUAO — prohibited mentions.
Frequently asked questions on Swiss food supplements law
Does the FSA apply to food supplements bought online from abroad?
Yes, the FSA applies to any product placed on the Swiss market, including online purchases. Article 2 para. 4 let. b of the FSA provides an exception for importation strictly for personal use: these foodstuffs then fall outside food law, but the importation takes place under the consumer’s responsibility, and the authorities may detain any product containing prohibited substances.
Is there a specific cantonal law on food supplements in Switzerland?
No, there is no specific cantonal law on food supplements in Switzerland. The legislation is strictly federal (FSA + ordinances). The cantons have enforcement laws that organise the implementation of federal law on their territory and designate the competent authority for controls, generally the consumer protection and veterinary affairs service.
What does a manufacturer risk by failing to comply with the FSA in Switzerland?
Sanctions range from administrative measures to criminal penalties. According to Walder Wyss, breaches of food law may lead to public warnings, product recalls, sales bans, up to five years of imprisonment or substantial fines where there is a health risk. Ordinary control falls to the cantonal enforcement authority.
Where can the official legal texts on food supplements in Switzerland be consulted?
On Fedlex, the Systematic Compilation of Federal Law. The FSA bears the reference SR 817.0, the FSUAO the reference SR 817.022.14. Each text can be consulted free of charge at fedlex.admin.ch in French, German and Italian, with annexes and revision history. The FSVO also publishes explanatory reports accompanying each ordinance amendment.
Is Swiss law on food supplements harmonised with European law?
Partially. Swiss legislation draws on European Directive 2002/46/EC and adopts its structuring principles. It nevertheless differs on several points: Switzerland sets binding maximum quantities per daily dose (Annex 1 of the FSUAO), something the EU has not yet concretely implemented, and the lists of prohibited plants differ. A supplement authorised in the EU is therefore not automatically marketable in Switzerland.
Sources and references
8 sources- Federal Act on Foodstuffs and Utility Articles (FSA, SR 817.0)
- Delimitation criteria between therapeutic products and foodstuffs
- Self-monitoring for foodstuffs (Art. 26 FSA)
- FDHA Ordinance on Food Supplements (FSUAO, SR 817.022.14)
- Explanatory report on the revision of the FSUAO
- Food supplements — reference page
- Ordinance on Foodstuffs (Foodstuffs Ordinance, SR 817.02)
- Legislation on foodstuffs