Launching a food supplement brand in Switzerland: notification, responsible person, composition rules, health claims and 2.6% VAT

A foodstuff, not a medicine

Everything starts with the product category. Under the FDHA Ordinance on Food Supplements (FoodSO), food supplements are foodstuffs intended to supplement a normal diet, a concentrated source of vitamins, minerals or other substances with a nutritional or physiological effect, sold in dose form (Art. 1 FoodSO). The Foodstuffs Act (FSA) is explicit that “medicinal products” are not foodstuffs (Art. 4 para. 3 FSA).

The Federal Food Safety and Veterinary Office (FSVO) opens its guidance with a one-line principle: “Food supplements are foodstuffs, not therapeutic products.” It then describes the grey zone: supplements “must not have any pharmacological effect, and must not be presented as medicines or advertised as being able to prevent, treat or cure a disease”, and classification requires “an overall assessment” of composition, dosage, purpose, labelling, presentation and advertising. The same capsule can therefore move category because of what the product page says.

If your product turns out to be a medicinal product, our guide to starting a pharmaceutical company in Switzerland covers the Swissmedic establishment licence and the responsible person under therapeutic products law.

No licence, no product notification: what the company owes instead

The FSVO states that food supplements “do not require authorisation”, the exceptions being novel food, genetically modified organisms (GMOs) and unlisted health claims. It adds: “Food businesses must report their activity to the cantonal enforcement authorities. However, notification of food supplements is not required in Switzerland.” A brand used to notifying each product to a national authority in the EU will find no equivalent filing in Switzerland; the obligations attach to the business.

Self-supervision is the core of the system. Anyone who “manufactures, handles, stores, transports, places on the market, imports, exports or carries in transit foodstuffs” must ensure compliance and “is obliged to ensure self-supervision”, and “Official inspection does not imply an exemption from the obligation to carry out self-supervision” (Art. 26 FSA). The law provides simplified documentation for small businesses. For a brand that outsources production, self-supervision starts with collecting and keeping the compliance evidence for every ingredient and every finished product.

The responsible person: why a foreign brand needs a Swiss base

Swiss food law requires every food business, including one that only imports or distributes, to designate a responsible person with a business address in Switzerland (Art. 73 FUAO). That person is defined as the natural person mandated by management to answer to the food safety enforcement authorities (Art. 2 FUAO), and oversees compliance at every stage of manufacturing, processing and distribution (Art. 74 FUAO). Without such a designation, responsibility falls on management.

For a UK or US brand, this is where a Swiss entity, or a Swiss importer taking on the role, becomes necessary. The responsible person also carries the recall duty: if products that have left the business may endanger health, the person informs the cantonal authority, withdraws and recalls the products and informs consumers (Art. 84 FUAO). A mailbox address cannot perform that role.

Composition: maximum levels, prohibited substances, novel food

• Form: supplements are sold pre-packaged, except when handed over for immediate consumption, in dose forms such as capsules, lozenges, tablets, powder sachets, ampoules or dropper bottles (Art. 2 FoodSO).
• Vitamins and minerals: only those in Annex 1 FoodSO may be used, and the maximum levels in that annex may not be exceeded per recommended daily dose (Art. 2 para. 5 FoodSO). The FSVO notes that maximum levels were updated on 1 July 2020 “using a new maximum level model based on current scientific evidence”.
• Prohibited substances: substances in Annex 4 of the Ordinance on the Addition of Vitamins and Minerals (AVMO) are banned (Art. 2 para. 4 FoodSO), as are the plants listed in Annex 1 of the Ordinance on Foodstuffs of Plant Origin (VFO); the FSVO describes both lists as non-exhaustive.
• Novel food: substances “not consumed to a significant degree as foods or food supplements in the EU and in Switzerland before 15 May 1997 require authorisation as novel food”. The FSVO first decides on the status, then assesses safety on a technical dossier, each step “subject to a fee”. Authorisation covers individual substances or primary products: “No authorisations are issued for composite foods.”
• Significant amount: a vitamin or mineral highlighted on the pack must reach at least 15% of the reference intake per recommended daily dose (Art. 3 para. 4 FoodSO).

Labelling: official language, designation, mandatory statements

A US or UK label cannot simply be shipped as it is. Mandatory information on pre-packaged foods must be written in at least one official language of Switzerland (Art. 36 para. 2 FUAO), which rules out an English-only pack. The specific designation is “food supplement” in the relevant language (Art. 3 FoodSO), and the name and address of the person who manufactures, imports, packs or supplies the product must appear with the other mandatory particulars (Art. 3 of the Food Information Ordinance, FoodIO). Supplements add their own statements (Art. 3 para. 7 FoodSO):

• the recommended daily dose in portions of the product;
• a warning not to exceed that dose;
• a statement that supplements should not replace a varied diet;
• a statement to keep the product out of reach of young children;
• warnings for specific target groups or conditions of use listed in Annex 1;
• the names of the categories of vitamins, minerals or other substances that characterise the product.

Vitamin, mineral and other substance contents are expressed per recommended daily dose, with the percentage of the reference intake. Labelling, presentation and advertising may not state or imply that a balanced and varied diet cannot provide adequate nutrients in general (Art. 4 FoodSO).

Health claims and brand names

A supplement’s commercial value often lies in what the pack promises, which is exactly what the law restricts most tightly.

• Nutrition claims are allowed only if listed in Annex 13 FoodIO and the conditions are met (Art. 29 FoodIO). The FSVO gives “Source of calcium” as an example.
• Health claims are allowed only if listed in Annex 14 FoodIO; any other health claim needs FSVO authorisation on a scientific dossier (Art. 31 to 33 FoodIO). FSVO examples include “Vitamin D helps maintain normal muscle function.”
• Accompanying statements: a health claim requires, among other things, a statement on the importance of a varied, balanced diet and a healthy lifestyle and the quantity needed for the effect; it may not be framed as a doctor’s recommendation (Art. 34 FoodIO).
• Weight loss: “Health claims may not refer to a rate or amount of weight loss. Before and after photos are therefore not permitted.”
• Substantiation: claims must rest on generally accepted scientific evidence and be justifiable by the business that uses them (Art. 35 FoodIO).

The brand name is caught too. Trademarks, trade names or fancy names that can be read as a nutrition or health claim are allowed only when accompanied by a compliant claim (Art. 35 para. 4 FoodIO). A name that works in the US market should be checked against Swiss food law before it is registered or printed.

Contract manufacturing, EU imports and online sales

Most brands do not manufacture. Formulation and production go to a contract manufacturer in Switzerland or abroad, but responsibility stays with the brand’s responsible person, and the name of the business placing the product on the market appears on the label.

• EU products: the Canton of Geneva points out that requirements for food supplements are not harmonised in the EU and that supplements from the EU are not automatically marketable in Switzerland; the Swiss importer or distributor must check compliance and document it.
• Online shops: when pre-packaged foods are offered by distance selling, all mandatory information except the durability date and batch must be available when the product is offered, and all of it on delivery (Art. 44 FUAO). Food law applies in full to online sales, and a shop based in Switzerland can be inspected without notice by the cantonal authority.
• Exports: a Swiss business that exports products not complying with Swiss law must report their type, quantity and the extent of non-compliance to the cantonal authority (Art. 88 FUAO).
• Foreign sellers and VAT: a brand based abroad that ships to Swiss consumers may itself become liable for Swiss VAT and then acts through a tax representative for VAT in Switzerland.

Customs, 2.6% VAT and Swiss made

As a foodstuff, a supplement escapes three rules that founders often assume from industrial goods.

• Customs: the abolition of industrial tariffs applies to chapters 25 to 97 of the Harmonised System and not to agricultural products in chapters 1 to 24. Many supplements are classified as food preparations in chapter 21, so the exact tariff heading and any duty must be checked before setting a price, as explained in our article on Swiss customs duties.
• VAT: the reduced rate of 2.6% applies to “foodstuffs under the Foodstuffs Act of 20 June 2014, with the exception of alcoholic beverages” (Art. 25 para. 2 VAT Act), and “The tax is 2.6 per cent on the import of goods” in that category (Art. 55 para. 2 VAT Act). Our overview of VAT in Switzerland covers registration and input tax.
• Swiss made: “The origin of a foodstuff is the place from which at least 80 per cent of the raw material weight that makes up the foodstuff comes from”, and the indication must also match the place of the processing that gave the product its essential characteristics (Art. 48b of the Trade Mark Protection Act). Our Geneva subsidiary RISTER explains the rules on the Swiss cross in its article on the Swiss made label.

On the corporate side, a supplement brand often starts as a GmbH (Sàrl) with CHF 20,000 of capital; the steps are set out in our guide to company incorporation in Switzerland. The business-specific management point is the batch: traceability, withdrawal and recall require knowing which batch went to which customer, and best-before dates require monitoring stock close to expiry. Contract production is often paid on order, lab tests and copy reviews come before the first sale, and expired stock must be written down. These tasks belong to our administration services for Swiss companies.

Where supplement brands go wrong

• Reading “no licence” as “no control”: reporting, the responsible person and self-supervision apply from day one, and cantonal authorities run spot checks.
• Importing an EU or US formula unchanged without checking Swiss maximum levels, prohibited substances and claims.
• Shipping English-only packs, when mandatory information must appear in at least one Swiss official language.
• Promising an effect on a disease on social media, which can reclassify the product as a medicine.
• Pricing with industrial product assumptions: zero duty, 8.1% VAT and a 60% Swiss made threshold, none of which apply.

FAQ: starting a supplement company in Switzerland

Do I need a licence to sell food supplements in Switzerland?

No, except for novel foods, GMOs and unlisted health claims. The business must nevertheless report its activity to the cantonal enforcement authority, designate a responsible person with a Swiss business address and keep documented self-supervision.

Do I have to notify each supplement to the Swiss authorities?

No. The FSVO states that notification of food supplements is not required in Switzerland. The activity of the business is reported to the canton, not each product.

Can a UK or US supplement brand sell in Switzerland without a Swiss company?

Every food business that imports or distributes in Switzerland needs a responsible person with a business address in Switzerland, and a foreign seller may also need Swiss VAT registration through a tax representative. A Swiss company or a Swiss importer taking on the role usually meets both requirements.

Can I use my US or UK label in Switzerland?

Not as it is. Mandatory information must be in at least one Swiss official language, the designation must be “food supplement” in that language, supplement-specific warnings are required and claims must match the Swiss lists.

Which health claims are allowed on supplements?

Nutrition claims listed in Annex 13 and health claims listed in Annex 14 of the Food Information Ordinance, under their conditions of use; other health claims need FSVO authorisation. Therapeutic claims and claims about the rate or amount of weight loss are not allowed.

What VAT rate applies to food supplements in Switzerland?

The reduced rate of 2.6%, both on domestic sales and on imports, because supplements are foodstuffs under the Foodstuffs Act. Customs duties may still apply depending on the tariff heading.

Sources

• Foodstuffs Act (FSA, SR 817.0), Art. 4, 7, 26 and 27
• Foodstuffs and Utility Articles Ordinance (SR 817.02), Art. 2, 20, 36, 44, 73 to 75, 84 and 88 (in French)
• FDHA Ordinance on Food Supplements (FoodSO, SR 817.022.14), Art. 1 to 4 (in French)
• FDHA Food Information Ordinance (FoodIO, SR 817.022.16), Art. 3, 29, 31 to 35 (in French)
• Federal Food Safety and Veterinary Office, Food supplements
• Federal Food Safety and Veterinary Office, Nutrition and health claims
• Federal Food Safety and Veterinary Office, Authorisation of novel foods
• Canton of Geneva, Import and export of food supplements (in French)
• Federal Act on Value Added Tax (VAT Act, SR 641.20), Art. 25 and 55
• Trade Mark Protection Act (SR 232.11), Art. 48b
• State Secretariat for Economic Affairs, Abolition of industrial tariffs (in French)