EFFL 3|2021
Switzerland
Switzerland: "No" to Vegan Salami, but "Yes" to Soy-Based Whipping
Cream? Labelling Rules for Plant-Based Alternatives to Foods of
Animal Origin
Sylvia Polydor and Eva-Maria Strobel*
I. Introduction
Plant-powered protein is going mainstream and
there has been a significant increase in protein start-
ups in the past couple of years. Food manufacturers
are also taking note of shifting consumer interests
and, according to a 2019 McKinsey report on alterna-
tive proteins1, there has been a surge in released prod-
ucts advertised as "vegan", "dairy free", and "ethical"
(meaning producers do not contribute to animal cru-
elty). Likewise, in March 2021, BCG and BlueHorizon
jointly published a report showing that every tenth
portion of meat, eggs, dairy, and seafood eaten
around the world will be made from alternative pro-
teins by 2035.2
With increased offer of vegetarian and vegan al-
ternatives to foodstuffs of animal origin, and with la-
belling that are similar and sometimes even identi-
cal to those of foodstuffs of animal origin, it is not
always easy to determine whether the labelling com-
plies with food law or whether it is misleading or de-
ceptive for consumers. Therefore, the Swiss Federal
Food Safety and Veterinary Office published guide-
lines in the second half of 2020 to ensure a uniform
interpretation and application of food laws in
Switzerland. These guidelines take into account EU
law as well as the German "Guiding principles for ve-
gan and vegetarian foods similar to foodstuffs of an-
imal origin" in an effort to have a uniform set of rules
with neighbouring countries and allow ease of com-
pliance for food manufacturers. The following sets
* Sylvia Polydor, Associate, Baker McKenzie. For Correspondence:
<sylvia.polydor@bakermckenzie.com>. Eva-Maria Strobel, Princi-
pal, Baker McKenzie. For Correspondence: <eva-maria.stro-
bel@bakermckenzie.com>
1 See, <https://www.mckinsey.com/industries/agriculture/our-in-
sights/alternative-proteins-the-race-for-market-share-is-on>
2 See, <https://www.bcg.com/publications/2021/the-benefits-of-
plant-based-meats>
Reports 239
out the applicable labelling rules in Switzerland and
summarizes the guidelines by the Swiss Federal Food
Safety and Veterinary Office.
II. Legal Basis
When assessing labelling of vegan and vegetarian
foods as alternatives to traditional animal products,
the principle of "protection against deception" stipu-
lated in Articles 18 Federal Act on Foodstuffs and Util-
ity Articles (FSA) and 12 Ordinance on Foodstuffs
and Utility Articles (FSO) is essential. Those articles
specifically set out that all information about food-
stuff must correspond to the facts and must not be
misleading (which includes information on the com-
position and nature of the foodstuff). Furthermore,
according to Article 19 FSA, substitute and imitation
products must be labelled and advertised in such a
way that consumers can recognise the true nature of
the foodstuff and distinguish it from products with
which it could be confused.
In addition to these general principles, the Feder-
al Department of Home Affairs may also specify
foodstuffs or groups of foodstuffs, fix their specific
name and define the requirements applicable to
them for the purpose of protection against deception
(Article 14 FSO). If this is the case, foodstuffs may
only be designated by the specific name of a speci-
fied foodstuff if they correspond to the specification
and meet the requirements linked to the specifica-
tion. This applies, for example, to milk products such
as "butter" or "cream". However, similar to
2010/791/EU Commission Decision of 20 December
2010, an exception to this rule applies when the spe-
cific foodstuff has acquired an inherent meaning in
a specific language over time (e.g. "Mandelmilch" is
not acceptable in German but "lait d'amande" in
French and "latte di mandorla" are in Italian because
240 Reports
they originate from long-standing traditions in
France and Italy).
It should also be noted that the terms "vegetarian",
"ovo-vegetarian", "lactovegetarian" and "vegan" and
their respective synonyms are defined in Article 40(1)
of the Ordinance on Information regarding Foodstuff
of the Federal Department of Home Affairs (OIF).
When these terms are used, the products concerned
must comply with the requirements of this Article.
III. Guidance for Interpretation
In its guidelines, the Swiss Federal Food Safety and
Veterinary Office has identified six types of methods
commonly used to name vegetarian or vegan substi-
tutes to foodstuffs of animal origin and provided
some guidance, using the relevant legal require-
ments, to assess whether the products comply with
the food law requirements or if they are deceptive
and therefore prohibited. The typical designation
and labelling challenges are the following:
1. Defined Objective Names (Including
Descriptive Indications for the
Corresponding Foodstuff of Animal
Origin)
The OIF provides that when handed over to the con-
sumer, foodstuffs must be marked, among others,
with the defined objective name (Sachbezeichnung)
of the foodstuff, where such specific name exists (Ar-
ticle 3 OIF). A defined objective name can either be
(a) the name prescribed by the laws and regulations
applicable to it (legal name); (b) a name which is
recognised as the name of a foodstuff by the con-
sumer, without the need for further explanation
(common name), or (c) a name which describes a
foodstuff and, where necessary, its use, and which is
sufficiently clear for the consumer to be able to de-
termine its true nature and to distinguish it from oth-
er products with which it might be confused (descrip-
tive name).
Legally defined names for foodstuffs can, among
others, be found in the Ordinance of the Federal De-
partment of Home Affairs on foodstuffs of animal
origin (OFAO) and the Ordinance of the Federal De-
partment of Home Affairs on Foodstuffs of Vegetal
Origin, Mushrooms and Edible Salt (OVOMES).
EFFL 3|2021
A defined objective name as defined in the OFAO
can only be used if all the requirements of food law
are met. As such, it cannot be used for vegan or veg-
etarian substitutes, even if this name is accompanied
by an indication referring to the vegetal origin of the
foodstuff. For example, Article 45 OFAO sets out the
requirements for yogurts ("Yogurt is obtained by fer-
menting milk with the microorganisms Lactobacillus
delbrueckii ssp bulgaricus and Streptococcus ther-
mophilus"). As such, it is therefore not possible to
use the name "plant-based yogurt". The same applies
to all designations which are reserved for meat prod-
ucts and meat preparations pursuant to Article 9
OFAO: blood sausage, cream sausage, Bündner-
fleisch, cervelas, Italian cheese (peasant or deli), veal
roast sausage, gendarme, liver sausage, Lyon
sausage, mortadella, raw bacon, raw ham, salami
(Milano, Nostrano, Varzi), ham (farmer's ham,
boiled back, cooked on the bone, model), Schüblig,
pork roast sausage, dried meat from Ticino, dried
meat from the Valais and Vienna sausage. Thus, "veg-
eterian cervelas" or "vegan mortadella" is not al-
lowed.
Similarly, foodstuffs of vegetal origin that contain
ingredients of animal origin cannot be advertised as
"vegan" or "vegetarian". For example, Article 112 of
the OVOMES regulates that mayonnaise and salad
mayonnaise are preparations made from edible oil,
whole eggs or hen's egg yolk and vinegar from fer-
mentation. It would therefore not be allowed to use
the name "vegan mayonnaise".
However, as previously mentioned, product
names whose nature is precisely known due to a long
traditional use or those that unambiguously describe
a product characteristic have been permitted since
1 July 2020. A complete list of these product names
can be found in Art. 14 para. 2 letter b FSO and An-
nex 5a OIF. To date this list only includes "meatloaf",
which is meat while the product name refers to
cheese (German: Fleischkäse, French: Fromage d'Ital-
ie, Italian: Fleischkäse).
The only possibility to use defined object names
(Sachbezeichnungen) referring to foodstuffs or ingre-
dients of animal origin for alternative foodstuffs is
when the defined objective name is used in a descrip-
tive manner (e.g. "vegan alternative for mayonnaise"
or "vegan substitute for butter") and a differentiation
from the imitated product is clear and the presenta-
tion is not misleading (for example, by highlighting
the objective defined term).
EFFL 3|2021
2. Naming the Animal Species
It is never allowed to use the name of an animal
species such as "beef", "veal" or "tuna", even if these
are supplemented with a reference to the vegetable
origin. Thus, designations such as "vegan beef filet",
"vegetarian tuna", "vegetarian cod sticks" or "soya-
based veal sausage" are prohibited.
3. Descriptive Objective Name
Specific descriptive names which are not specifical-
ly defined (as opposed to Sachbezeichnungen men-
tioned under 1. above), such as "spread" or "whipped
cream", are generally allowed, as long as there is no
reference to a foodstuff of animal origin and no men-
tion of an animal species. This means that "soy-based
whipped cream" or "vegetarian spread" would be al-
lowed, for example.
4. Protected Designations
Even if the chosen name for the non-animal food-
stuff substitute complies with the above, some names
are specifically protected as a "Protected Designation
of Origin" (PDO) or "Protected Geographical Indica-
tions for Agricultural Products, Processed Agricultur-
al Products, Forestry Products and Processed
Forestry Products" (OGI) and can therefore not be
used even if they are supplemented by a clear indi-
cation of the true nature of the ingredients (Article
12 OIF). Such PDOs and PGIs are set out in national
and cantonal legislation as well as an international
treaty signed by Switzerland. Among others they in-
clude the following names: Gruyère, Sbrinz, Feta,
Grana Padano, Roquefort, Gorgonzola, Pecorino Ro-
mano.
5. Names Traditionally Associated with
Food of Animal Origin
Even though they do not refer to the animal origin
as such, some names are traditionally associated with
foodstuff of animal origin (e.g. with fish or meat)
such as: filet, steak, schnitzel, skewer, kebab, minced,
burger or sausage. These names can be used for veg-
etarian or vegan alternatives to animal products pro-
Reports 241
vided that the vegetal/plant origin of the product is
clearly mentioned.
In addition, in Switzerland names such as Appen-
zeller, Tilsiter, Schabziger, Tomme, Formagella,
Mutschli, Camembert or Brie, which are used as prod-
uct names, are also considered to be names tradition-
ally associated with food of animal origin. They can-
not be used for vegan alternatives for cheese in view
of the high risk of deception to consumers.
This means that while "vegan Tomme" or "vegetar-
ian Camembert" would be prohibited in Switzerland,
the following designations would be permitted:
"vegetarian sausage", "vegan kebab" or "plant-based
burger".
6. Phonetically Similar Terms with
Different Spelling
In Switzerland, it is assumed that in view of the evolv-
ing market for alternative foodstuffs and the fact that
consumers are increasingly confronted with substi-
tute products, the average consumer can distinguish
between products of animal origin and their alterna-
tives in cases where the specific name is based on the
original animal product, but uses prefixes derived
from "vegan" or "vegetarian", such as "Velami" or "Ve-
ganaise". These names are therefore allowed.
It is also assumed that when the spelling is com-
pletely different, the use of the phonetically similar
name should be acceptable. For example, the use of
the name "Tschisi" in reference to the English term
cheese. Only minimal changes and/or mutilations to
the original name would, however, not suffice to
avoid a risk of confusion for consumers and, there-
fore, the name "cheesi" would for example not be al-
lowed.
Thus, it It would be prohibited to use the follow-
ing names: "Visch", "chickin" or "Vromage".
Finally, in any case, spelling variations of PDOs
(mentioned under 3. above) are never permitted.
Thus, "Veta" or "Vormagella" are not allowed.
IV. Conclusion
The guidance provided by the Swiss Federal Food
Safety and Veterinary Office and summarized here-
in is useful to better assess what is legally acceptable
when coming up with new names for alternative
242 Reports
foodstuffs to foodstuffs of animal origin and when
labelling such products. In fact, while the rules set
out below need to be complied with, it is important
to bear in mind that an overall assessment of the gen-
eral impression conveyed by the name in combina-
tion with other aspects regarding the presentation of
EFFL 3|2021
the product is necessary. Thus, the name cannot be
supplemented by other potentially misleading ele-
ments (words, pictures and graphical elements), but
it should also be taken into account how the product
is advertised including where it is positioned in a
shop.
Reproduced with permission of copyright owner. Further reproduction
prohibited without permission.