Liability for Defective Food Products

Product Liability for Food Products

When a food product causes damage to a consumer, several liability regimes may apply under Swiss law.

The Product Liability Act (PLA)

The PLA (SR 221.112.944) establishes strict (no-fault) liability of the producer for damage caused by a defective product. The consumer must prove:

1. The defect of the product
2. The damage suffered
3. The causal link between the defect and the damage

The producer may only be exonerated by proving one of the grounds for exemption provided in art. 5 PLA (notably that the defect did not exist at the time the product was put into circulation).

Contractual Liability (Art. 197 CO)

In the case of sale of a defective food product, the buyer has warranty claims against the seller (art. 197 et seq. CO). The buyer may demand rescission of the sale or a price reduction, as well as damages.

Tort Liability (Art. 41 CO)

If the manufacturer was at fault (negligence in controls, non-compliance with hygiene standards), tort liability may be invoked under art. 41 CO.

Criminal Liability (Art. 49 FSDA)

A manufacturer who intentionally endangers consumer health through non-compliant foodstuffs faces a custodial sentence of up to three years under art. 49 FSDA.

Limitation Periods

Claims under the PLA are time-barred after three years from awareness of the damage and the producer (art. 9 PLA), with an absolute cut-off of ten years from when the product was put into circulation.