Legislation and technical guidelines in Switzerland and the EU

Following the approval of the Swissness legislative package by the Federal Council on 23 November 2016, the new regulations are now being implemented in the SKW and in companies. The new regulations on the Swiss indication of source and the use of the Swiss cross on products apply to cosmetics as well as detergents and cleaning products.

The ordinance strengthens the “Swiss Made” designation and Swiss indications of source for cosmetics generally in line with the new “Swissness” legislation. The specific rules take into account the particularities of cosmetic products.

If a Swiss indication of source is used, not only a minimum of 60 per cent of the manufacturing costs for cosmetics must in future arise in Switzerland, but also at least 80 per cent of the research, development and production costs. In addition, the ordinance also stipulates the specific activities that particularly influence the quality of a cosmetic product which, as a result, must take place in Switzerland.

The draft ordinance was based on a preliminary draft by the Swiss Cosmetic and Detergent Association (SWK) in collaboration with the Association for the Protection of Swiss Cosmetics. 

The new ordinance enters into force together with the general “Swissness” legislative provisions on 1 January 2017. Please find the Ordinance on the Use of Swiss Indications of Source for Cosmetic Products in German, French and Italian on the website of IIP.

• Do my products comply with the new legislation?
• Sales of products until 31 December 2018, which were produced in accordance with previous legislation
• Have suppliers been informed about the new legal requirements, and do the supply agreements stipulate that the suppliers are liable for potential damages arising from Swissness claims in the case of an incorrect indication of source being provided for a raw material?
• Contract manufacturers: has the issue of responsibility and/or option to transfer a claim back to the customer been regulated in the case of the unauthorised use of a Swissmade claim or Swiss flag? The question of responsibility for the formula and product labelling also remains.

For detergents and cleaning products ("industrial products"), at least 60% of the manufacturing costs must be incurred in Switzerland. All production costs (i.e. costs for raw materials, semi-finished products, accessories, product-related wages and production overheads) are taken into account, as are the costs for research and development, quality assurance and certification. 

There are also exceptions provided for under the new law: 

• Natural products that are not found in Switzerland (e.g. precious metals, steel, mineral oils) are not included in the calculation. 
• Materials that are not available in sufficient quantities in Switzerland must only be taken into consideration on a pro-rata basis, i.e. only to the extent they are available in Switzerland. 
• Auxiliary materials of minor importance can be disregarded. In addition, at least one essential manufacturing step must have taken place in Switzerland.

Our approximately 60 Swiss manufacturers have access to our extensive international network, thanks to which all issues relating to registration, market access and regulatory requirements can be accessed worldwide.

We offer them special support in the fields of “Swissness” and export. They can join the "Swissness and Export" working group and exchange information with the other members in an environment protected by antitrust law. 

They can also draw on the worldwide SKW network in the field of "Regulatory International". The SKW has constantly expanded this network thanks to worldwide partnerships with international associations and companies. 

As a result, SKW members have access to information on legislation and product registration, as well as events, consulting services and publications of the most important industry associations, trade fairs and export organisations. For example, SKW members benefit from discounted participation in trade fairs and events with our partner organisations Switzerland Global Enterprise and swiss export.

Following the approval of the Swissness legislative package by the Federal Council on 23 November 2016, the new regulations are now being implemented in the SKW and in companies. The new regulations on the Swiss indication of source and the use of the Swiss cross on products apply to cosmetics as well as detergents and cleaning products.

• Do my products comply with the new legislation?
• Sales of products until 31 December 2018, which were produced in accordance with previous legislation
• Have suppliers been informed about the new legal requirements, and do the supply agreements stipulate that the suppliers are liable for potential damages arising from Swissness claims in the case of an incorrect indication of source being provided for a raw material?
• Contract manufacturers: has the issue of responsibility and/or option to transfer a claim back to the customer been regulated in the case of the unauthorised use of a Swissmade claim or Swiss flag? The question of responsibility for the formula and product labelling also remains.

For detergents and cleaning products ("industrial products"), at least 60% of the manufacturing costs must be incurred in Switzerland. All production costs (i.e. costs for raw materials, semi-finished products, accessories, product-related wages and production overheads) are taken into account, as are the costs for research and development, quality assurance and certification. 

There are also exceptions provided for under the new law: 

• Natural products that are not found in Switzerland (e.g. precious metals, steel, mineral oils) are not included in the calculation. 
• Materials that are not available in sufficient quantities in Switzerland must only be taken into consideration on a pro-rata basis, i.e. only to the extent they are available in Switzerland. 
• Auxiliary materials of minor importance can be disregarded. In addition, at least one essential manufacturing step must have taken place in Switzerland.

Our approximately 60 Swiss manufacturers have access to our extensive international network, thanks to which all issues relating to registration, market access and regulatory requirements can be accessed worldwide.

We offer them special support in the fields of “Swissness” and export. They can join the "Swissness and Export" working group and exchange information with the other members in an environment protected by antitrust law. 

They can also draw on the worldwide SKW network in the field of "Regulatory International". The SKW has constantly expanded this network thanks to worldwide partnerships with international associations and companies. 

As a result, SKW members have access to information on legislation and product registration, as well as events, consulting services and publications of the most important industry associations, trade fairs and export organisations. For example, SKW members benefit from discounted participation in trade fairs and events with our partner organisations Switzerland Global Enterprise and swiss export.