In Switzerland, both private law and public law regulate consumer protection.

Private law governs the legal relationships between citizens. Contractual relationships between consumers and suppliers are governed by the Code of Obligations, which is a federal law. Switzerland's Federal Act Against Unfair Competition applies to unfair marketing practices that affect relations between consumers and suppliers offering goods or services. 

A judicial authority will examine compliance with the provisions of private law only if action has been taken before a civil court judge. The State does not intervene on its own initiative. Civil procedure in Switzerland, which is a federal state, falls under the authority of the 26 federated states or cantons. Each canton has its own procedure. However, certain rules of procedure are common to all cantons. Consumers who wish to file a complaint have the advantage of instituting legal proceedings in the canton where they live. As well, each canton must establish a conciliation procedure or a simple and quick legal procedure for disputes arising out of contracts between consumers and suppliers, where the value at issue is no more than 8,000 Swiss francs.

Public law protects consumers by prescribing suppliers' conduct. Consumers do not take legal action on their own initiative to defend their rights. The appropriate cantonal or federal authority acts on its own initiative by exercising controls or making decisions (food products, tobacco, poisons, drugs, alcohol, weights and measures, electricity, price marking and monitoring, etc.).

The Swiss government has created two central bodies to provide advice on consumer protection policy: the Federal Office of Consumer Affairs, a permanent administrative body, and the Federal Commission of Consumer Affairs, a non-permanent advisory body made up of scientific experts and representatives of consumer associations, economic apex organizations and unions.

As mentioned above, consumers are responsible for combating unfair marketing practices, which are defined as practices that are deceptive, misleading and confusing. This means that in cases where an unfair marketing practice is suspected, consumers or consumer protection agencies are authorized not only to take civil action but also to file a criminal complaint with the appropriate cantonal court. However, the Swiss government, represented by the State Secretariat for Economic Affairs (seco), which is a member of the International Marketing Supervision Network (IMSN), can institute legal proceedings in situations where consumers who are entitled to take legal action live outside the country. In this fashion, the Swiss government protects the public interest.

Please visit the following websites for more information on:

- seco (Legal Affairs) and the Federal Act Against Unfair Competition
(in four languages: French, German, Italian, English).

 - Swiss consumer protection organisations which are empowered to take legal action to protec the collective interest of consumesr (please find information about these organisations on the site of Federal Office of Consumer Affairs)
(partially in four languages: French, German, Italian, English)

Switzerland is represented in the International Marketing Supervision Network (IMSN) by the State Secretariat for Economic Affairs (seco), an administrative unit of the Swiss government attached to the Federal Department for Economic Affairs.

Under the Federal Act Against Unfair Competition, seco is empowered to take legal action in unfair marketing practices disputes when the complainants live outside the country. Seco acts on behalf of Switzerland and not on behalf of the complainants. It can institute criminal as well as civil proceedings, but only if the marketing practice described in the complaint is unfair as defined in the law.

Seco can be reached at:

State Secretariat for Economic Affairs
Legal Affairs
Trade Practices
Effingerstrasse 1
CH - 3003 Berne

e-mail: seco@seco.admin.ch
Tel. +41 (0)31 322 77 70
Fax +41 (0)31 324 09 56

Please visit the following websites for additional information on:

- seco (Legal Affairs) and the Federal Act Against Unfair Competition
(in four languages: French, German, Italian, English)

- Swiss consumer protection organisations which are empowered to take legal action to protect the collective interests of consumers (Please find information about these organisations on the site of Federal Office of Consumer Affairs)
(partially in four languages: French, German, Italian, English)