Industry associations take action Swiss cross at the post office counter causes trouble
Wait at the counter, take a quick look - this is how cosmetic products currently end up in the shopping basket at many post offices. But it is precisely this offer that is now bringing a federal authority onto the scene.
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- Cosmetics and health products that are manufactured in China but advertised with a Swiss cross are being sold in post offices.
- The competent federal authority is now investigating whether this violates the Swissness Act.
- Swiss Post refers to the third-party provider, but admits that it is investigating the case in more detail.
Waiting at the counter, quick access - Swiss Post is focusing on this with additional offers in its branches. Products from the Elixavita brand are currently available there: dental cosmetics, mouth sprays and health products. Promises include "brilliant white teeth in 15 seconds".
However, the products are not manufactured in Switzerland, but in China. This is correctly declared on the individual packaging.
However, the product carrier itself attracts attention, as the CH Media newspapers report: The cardboard box is emblazoned with a clearly visible Swiss cross - part of Elixavita's company logo, supplemented by a Swiss web address.
This could certainly give the impression that it is a Swiss product.
Swissness has been strictly regulated since 2017
The red and white cross is legally protected. Since the introduction of the Swissness Act in 2017, it may only be used if it is not misleading. The national coat of arms is particularly strictly regulated and may not be used for commercial purposes.
CH Media confronted the Swiss Federal Institute of Intellectual Property (IPI) with the case. Spokeswoman Regula Gerber speaks of an "interesting case" that cannot be conclusively assessed without in-depth clarification. The IPI therefore wants to inform the relevant industry associations and contact the manufacturer.
Gerber points out that according to the Trademark Protection Act, at least 60 percent of the manufacturing costs must be incurred in Switzerland. Even stricter rules apply to cosmetics: At least 80 percent of the research, development and production costs must be incurred in Switzerland if the product is advertised as being of Swiss origin.
Industry associations are taking action
Swisscos, the association for the protection of cosmetic products of Swiss origin, is also looking into the case. Managing Director Sylvie Prévost describes the use of the Swiss cross as problematic. Elixavita is not yet known to the association.
Swisscos has the legal option to take action against suspected misuse. According to Prévost, the Swiss cross is often used illegally in advertising worldwide.
The IPI itself can take legal action in the event of substantiated suspicion - and has announced that it will also contact Swiss Post in this case.
Swiss Post is investigating - but refers to the supplier
Swiss Post itself is cautious. Spokesperson Patrick Stöpper told CH Media that they are in contact with the supplier to check the product and guidelines. Although there is no Swiss cross on the individual products, there is one on the product carrier. This has been pointed out to the supplier.
The Elixavita products are offered by a third-party partner who uses advertising space in the stores. The products are currently sold in 451 post offices. Swiss Post does not provide sales figures.
Elixavita Managing Director Peter Schönbächler rejects the accusations. The company logo with the Swiss cross serves "exclusively the company and brand identity" and is used in a business context - for example for presentations or business correspondence.
The cross is deliberately not used on the product packaging itself "in order to rule out any possible misinterpretation regarding the place of manufacture from the outset".
A product is only misleading if the overall presentation of a product is likely to deceive consumers about essential characteristics - in particular its origin. "This is expressly not the case with our products," says Schönbächler.
