Formula Swiss AG has filed a lawsuit against the Office for Consumer Protection of the Canton of Zug (AVS) in a significant legal challenge that could reshape the CBD cosmetics regulation landscape in Switzerland.
The case, now before the Swiss Federal Supreme Court, seeks a definitive ruling on whether cannabidiol (CBD) products can be lawfully categorised and marketed as cosmetics within the country.
The Swiss-based company is also pursuing damages totalling CHF 5 million in connection with actions taken by the authorities.
Regulatory Conflict Over CBD Classification
According to documents filed with the court, Formula Swiss had registered its CBD-infused personal care products as cosmetics, following comprehensive guidance from the Zug consumer protection office. The company claims to have met stringent compliance requirements, which included:
- Independent third-party laboratory testing
- Detailed toxicological assessments
- Full product documentation
Despite this, the AVS later reversed its stance, accusing the company of regulatory breaches and subsequently ordering a cessation of product sales.
The firm contends that this enforcement action contradicts the previous cooperative stance taken by the AVS. Moreover, Formula Swiss alleges a lack of consistent regulation, pointing out that rival companies in the same canton have continued to sell similar CBD cosmetics without facing comparable scrutiny.
“The company’s CBD products remain legally classified as cosmetics in the UK and EU, where they are sold in over 60 markets.”
This legal dispute underscores the ongoing uncertainty surrounding CBD cosmetics regulation in Switzerland, particularly in contrast with the regulatory clarity seen across the European Union and the United Kingdom.
The outcome of the case could have far-reaching implications for the CBD industry, potentially setting a legal precedent for how these products are treated under Swiss law.
If the court rules in favour of Formula Swiss, it may influence future enforcement practices and prompt a reassessment of CBD classification within the Swiss personal care sector.
