1The Confederation shall, within the scope of its powers, take measures for the protection of health.
2It shall legislate on:
the use of foodstuffs as well as therapeutic products, narcotics, organisms, chemicals and items that may be dangerous to health;
the combating of communicable, widespread or particularly dangerous human and animal diseases; it shall in particular prohibit any form of advertising for tobacco products from reaching children and adolescents;79*
protection against ionising radiation.
79* With transitional provision.
The Confederation and the Cantons shall within the scope of their powers ensure that consideration is given to complementary medicine.
1The Confederation shall legislate on research on human beings where this is required in order to protect their dignity and privacy. In doing so, it shall preserve the freedom to conduct research and shall take account of the importance of research to health and society.
2The Confederation shall adhere to the following principles in relation to biological and medical research involving human beings:
It is a requirement for any research project that the participants or their legal representatives have given their informed consent. The law may provide for exceptions. A refusal is binding in every case.
The risks and stress for the participants must not be disproportionate to the benefits of the research project.
A research project involving persons lacking the capacity to consent may be conducted only if findings of equal value cannot be obtained from research involving persons who have the capacity to consent. If the research project is not expected to bring any immediate benefit to the persons lacking the capacity to consent, the risks and stress must be minimal.
An independent assessment of the research project must have determined that the safety of the participants is guaranteed.
Art. 118 Federal Constitution — Protection of Health
#Overview
Art. 118 Federal Constitution regulates the Confederation's health competences. The provision does not allow the Confederation to act in all health matters. It may only act where the Constitution expressly grants it competences (Gächter/Renold-Burch, BSK BV, Art. 118 N. 3).
Paragraph 1 obliges the Confederation to take health protection measures within its existing competences. Paragraph 2 identifies three special areas in which the Confederation may enact legislation:
First, it regulates the handling of health-damaging products such as medicinal products, narcotics, chemicals and foodstuffs. This includes their manufacture, sale and use. Example: The Therapeutic Products Act prohibits the sale of medicinal products without medical prescription (BGE 140 II 520 E. 3).
Second, the Confederation combats infectious and dangerous diseases in humans and animals. This competence is very far-reaching (subsequently derogatory), as the COVID-19 pandemic showed (BGE 147 I 478 E. 3.2). Since 2022, the Constitution also prohibits all tobacco advertising that reaches children and young people (AS 2022 241).
Third, the Confederation protects against radioactive radiation, but not against mobile phone radiation. The latter falls under environmental protection.
The cantons remain responsible for all other health matters, such as hospitals and health promotion. They may also enact stricter rules than the Confederation, if federal law permits this. Example: Many cantons have stricter smoking bans than federal law (BGE 139 I 242 E. 3.3).
Art. 118 FC — Doctrine
#Legislative History
N. 1 Art. 118 FC transposed Arts. 69, 69bis and 24quinquies para. 2 of the former Federal Constitution (oFC) into the revised Federal Constitution of 1999. The provision largely corresponds to the Federal Council's draft (Draft Art. 109 FC); compared to the preliminary draft, only editorial adjustments were made (BBl 1997 I 1, 332). The most significant substantive modification concerns the deletion of the explicit reference to «human beings and animals» from para. 1 and its relocation to para. 2 lit. b.
N. 2 The Federal Council described the provision as an article on the prevention of danger: its subject matter is accordingly «police measures» intended to «prevent direct impairments to health» (BBl 1997 I 1, 248 and 332). Indirect impairments caused by environmental influences remain reserved for the environmental protection article (→ Art. 74 FC).
N. 3 In the Constitutional Committee of the National Council, minority motions to supplement the provision with clauses on the promotion of self-help and primary prevention, as well as on a legislative competence for the basic and continuing education of scientific medical professionals, were introduced and narrowly rejected (Official Bulletin NR, Separate print on constitutional reform, p. 339 ff.). This rejection prejudges the question of the constitutional basis for disease-independent health promotion (→ N. 17).
N. 4 The popular initiative «Yes to the protection of children and young people from tobacco advertising (children and young people without tobacco advertising)» was adopted in the popular vote on 13 February 2022 (AS 2022 241; BBl 2019 6883; 2020 7049; 2021 2315; 2022 895). This supplemented Art. 118 para. 2 lit. b FC with a second sentence postulating a comprehensive ban on tobacco advertising targeting children and young people. The initiative went considerably further than the indirect counter-proposal of the Federal Council and Parliament (BBl 2020 7049, 7060).
#Systematic Classification
N. 5 Art. 118 FC is a competence provision in the Second Chapter of the Sixth Title of the FC («Social goals, education, science and culture»). The provision has a dual function: para. 1 formulates a programmatic legislative mandate without conferring competence, while para. 2 transfers to the Confederation an exhaustively enumerated, fragmentary but comprehensive legislative competence with subsequent derogatory effect. Health care remains in principle within the jurisdiction of the cantons (BBl 1997 I 1, 332; BGE 139 I 242 E. 3.1).
N. 6 A systematic distinction must be drawn between: (1) Art. 118 para. 1 FC as a programmatic obligation within the framework of existing competences; (2) Art. 118 para. 2 lit. a–c FC as legislative mandates with their own conferral of competence. The Confederation's competence under para. 2 is a subsequent («nachträglich derogatorisch») competence; it does not lapse upon the enactment of federal law, but in principle continues to preclude more far-reaching cantonal regulations insofar as federal law is exhaustive (BGE 139 I 242 E. 3.1; Gächter/Renold-Burch, BSK BV, Art. 118 N. 10 f.; Kahil-Wolff Hummer/Manon, CR Cst., Art. 118 N. 8).
N. 7 Close substantive connections exist with the following provisions: ↔ Art. 74 FC (environmental protection, for indirect impairments to health); ↔ Art. 80 FC (animal welfare); ↔ Art. 110 para. 1 lit. a FC (employee protection, in particular regarding protection from passive smoking); ↔ Art. 41 para. 1 lit. b FC (social goal of health care); → Art. 36 FC (restrictions on fundamental rights in the case of health police measures); → Art. 49 FC (supremacy of federal law). The right to life and personal liberty pursuant to Art. 10 FC forms the fundamental rights framework for all health protection regulations.
#Elements of the Provision / Normative Content
#A. Measures to protect health (para. 1)
N. 8 The term «health» is not defined in the law and was not given a definition in the legislative materials either. Trümpler/Werder speak of a «highly indeterminate concept requiring concretisation» (Trümpler/Werder, OnlineKomm. BV, Art. 118 N. 3, referring to Burch, Staatliche Gesundheitsförderung und Prävention, 2014, p. 5). Biaggini advocates a broad understanding that transcends «the absence of disease» (Biaggini, Komm. BV, 2nd ed. 2017, N. 5 on Art. 118 FC). Poledna recommends a description oriented to the respective contemporary context (SG Komm. BV-Poledna, N. 4 on Art. 118 FC). The WHO definitions (Declaration of Alma-Ata 1978; Ottawa Charter 1986) understand health as «a state of complete physical, mental and social well-being» and not merely the absence of disease.
N. 9 The addition «within the scope of its powers» in para. 1 makes clear that the programmatic norm as such does not confer any new federal competences (Gächter/Renold-Burch, BSK BV, Art. 118 N. 3; Biaggini, N. 6 on Art. 118 FC; BGE 139 I 242 E. 3.1). The subject matter primarily consists of police measures to avert concrete and direct dangers to public health (BBl 1997 I 1, 248 and 332). For comprehensive, disease-independent health promotion, the constitutional basis is in principle lacking, in accordance with the intention of the historical constituent legislator (→ N. 17).
#B. Dealings with foodstuffs, therapeutic products, narcotics, organisms, chemicals and objects hazardous to health (para. 2 lit. a)
N. 10 Art. 118 para. 2 lit. a FC corresponds to the former Art. 69bis oFC (BBl 1997 I 1, 332). The term «dealings with» is to be understood broadly and, according to the legislative materials, encompasses manufacture, processing, trade (importation, storage, dispensing, procurement) and use; manufacture for personal use is not covered (BBl 1997 I 1, 333; Biaggini, N. 8 on Art. 118 FC).
N. 11 The enumeration of product categories (foodstuffs, therapeutic products, narcotics, organisms, chemicals, objects hazardous to health) is exhaustive, which Gächter/Renold-Burch describe as the prevailing view (BSK BV, Art. 118 N. 12). Poledna takes a broader view and holds that the provision covers all «articles of daily use that come into contact with the human body in accordance with their intended purpose» (SG Komm. BV-Poledna, N. 9 on Art. 118 FC); in doing so, Poledna goes beyond the wording. Within the named categories, however, an exhaustive determination of which individual products are covered is not possible; the Confederation must act regulatorily as soon as a product can be assigned to a category and is potentially hazardous to health (Gächter/Renold-Burch, BSK BV, Art. 118 N. 12). The protected persons are consumers, not specialists (BBl 1997 I 1, 332 f.; Poledna, SG Komm. BV, N. 10 on Art. 118 FC).
N. 12 The terms «organisms» and «chemicals» are to be interpreted narrowly, since otherwise the competence would be all-encompassing (Gächter/Renold-Burch, BSK BV, Art. 118 N. 18 f.). Accordingly, «organisms» means microorganisms, and «chemicals» means chemical substances and their preparations as such. «Objects which may be hazardous to health» is to be understood as a catch-all provision (Gächter/Renold-Burch, BSK BV, Art. 118 N. 20).
N. 13 At the level of legislation, the Confederation has exercised its competence in particular through the following enactments: Federal Act on Foodstuffs and Utility Articles (FoA; SR 817.0); Federal Act on Medicinal Products and Medical Devices (TPA; SR 812.21); Federal Act on Narcotics and Psychotropic Substances (NarcA; SR 812.121); Federal Act on Protection against Dangerous Substances and Preparations (Chemicals Act, ChemA; SR 813.1); Product Safety Act (PSA; SR 930.11).
#C. Combating communicable, widespread or malignant diseases in human beings and animals (para. 2 lit. b, sentence 1)
N. 14 Art. 118 para. 2 lit. b sentence 1 FC corresponds to the former Art. 69 oFC (BBl 1997 I 1, 333). The Confederation's competence is established by three alternative characteristics that a disease must display: it must be either communicable, widespread or malignant. In many cases all three criteria will be cumulatively fulfilled (BBl 1997 I 1, 333).
N. 15 A disease is communicable if it is caused by a pathogen that can be transmitted directly or indirectly (Gächter/Renold-Burch, BSK BV, Art. 118 N. 24). A disease is widespread if it does not occur only locally but requires measures at the national level (Gächter/Renold-Burch, BSK BV, Art. 118 N. 25). A disease is malignant if it threatens life or gives rise to serious and lasting impairments to health; in addition to individual harms, social and economic harms are also to be taken into account (BBl 1997 I 1, 333; Gächter/Renold-Burch, BSK BV, Art. 118 N. 26).
N. 16 The competence to «combat» encompasses both health police instruments (prohibitions, conduct obligations and licensing requirements) as well as socio-educational and financial measures, together with targeted measures of a preventive character. Purely general-preventive measures without any connection to a specific disease are to be assessed critically (Biaggini, N. 16a on Art. 118 FC). Within this competence fall the Epidemics Act (EpA; SR 818.101), the Covid-19 Act (SR 818.102), the Federal Act on the Registration of Cancer Cases (CancRA; SR 818.33), and the Epizootics Act (EpizA; SR 916.40). The Federal Act on Protection against Passive Smoking (PPSA; SR 818.31) is based on Art. 118 para. 2 lit. b FC in conjunction with Art. 110 para. 1 lit. a FC (BGE 139 I 242 E. 3.1).
#D. Prohibition of tobacco advertising targeting children and young people (para. 2 lit. b, sentence 2)
N. 17 Following the acceptance of the popular initiative on 13 February 2022, Art. 118 para. 2 lit. b FC was supplemented with an express legislative mandate to prohibit «any form of advertising for tobacco products that reaches children and young people». The prohibition covers not only tobacco advertising directed at children and young people, but also advertising that can be perceived by this group. Affected media include print media, the internet, posters, cinemas, points of sale, and events (BBl 2020 7049, 7060). Pursuant to Transitional Provision no. 14, the revised Tobacco Products Act must be enacted within three years of the acceptance of the popular initiative.
#E. Protection against ionising radiation (para. 2 lit. c)
N. 18 Art. 118 para. 2 lit. c FC takes over Art. 24quinquies para. 2 oFC (BBl 1997 I 1, 334). The provisions to be enacted are of a police nature and largely preventive; economic policy interventions cannot be based on this constitutional foundation (Gächter/Renold-Burch, BSK BV, Art. 118 N. 31). Non-ionising radiation, by contrast, falls under Art. 74 FC (environmental protection). At the level of legislation, the Radiological Protection Act (RPA; SR 814.50) governs protection against ionising radiation; the Federal Act on Protection against the Risks of Non-Ionising Radiation and Sound (NIRSA; SR 814.71) is based on Art. 118 para. 2 lit. b FC.
#Legal Consequences
N. 19 The legislative mandates under Art. 118 para. 2 lit. a–c FC are binding: the Confederation «shall issue regulations» — this constitutes a duty to act, not merely a power (Gächter/Renold-Burch, BSK BV, Art. 118 N. 10; Trümpler/Werder, OnlineKomm. BV, Art. 118 N. 6). Failure to fulfil the legislative mandate would constitute an unconstitutional omission.
N. 20 The Confederation's competence under Art. 118 para. 2 FC has subsequent derogatory effect: cantonal law that is incompatible with the enacted federal law is displaced (→ Art. 49 FC). Cantonal regulations are, however, possible where federal law is not exhaustive or where it expressly leaves room for cantonal action (BGE 139 I 242 E. 3.1 f.). For example, Art. 4 PPSA expressly permits cantons to enact «stricter provisions for the protection of health».
N. 21 Health protection measures that restrict fundamental rights require, pursuant to Art. 36 FC, a statutory basis, must be justified by a public interest (public health) and must be proportionate (→ Art. 36 paras. 1–3 FC). In the case of measures directed at the population for the purpose of combating epidemics, the Federal Supreme Court allows a considerable margin of appreciation to the executive authorities, given the unpredictability of the situation and the complexity of the facts, compensated by heightened requirements for the proportionality review (BGE 147 I 478 E. 3.7.2).
N. 22 Art. 118 para. 1 FC does not confer subjective individual rights against the state to specific health services. The provision is programmatic in nature and is not justiciable in the sense of an individual legal claim. The right to health under Art. 12 UN Covenant I (SR 0.103.1) likewise does not give rise to directly applicable subjective rights, but serves as a programmatic guide (Trümpler/Werder, OnlineKomm. BV, Art. 118 N. 5; cf. Biaggini, N. 3 on Art. 118 FC).
#Disputed Questions
N. 23 Scope of the cantons' residual competence. It is disputed how far the cantons may still legislate in areas of health law regulated by federal law. The Federal Supreme Court emphasised in BGE 139 I 242 E. 3.1 that the Confederation's competence under Art. 118 para. 2 FC is «comprehensive» and has «subsequent derogatory» effect. Nevertheless, room for cantonal action exists where federal law is not exhaustive or where it expressly leaves space for cantonal legislation. The demarcation is disputed in individual cases: Poledna considers the enumeration in Art. 118 para. 2 lit. a FC to be non-exhaustive and thus interprets the Confederation's competence more broadly (SG Komm. BV-Poledna, N. 9 on Art. 118 FC). Gächter/Renold-Burch disagree: the enumeration is exhaustive, even if a complete list of health-hazardous products within the categories is not possible (BSK BV, Art. 118 N. 12).
N. 24 Constitutional basis for health promotion and prevention. It is disputed whether a comprehensive, disease-independent health promotion can be based on Art. 118 FC. Biaggini is critical of the Confederation's «proliferating general-preventive activities» and considers that in certain cases «the (competence-)limiting function of the constitution is being rather severely strained» (Biaggini, N. 16a on Art. 118 FC). Gächter/Renold-Burch and Trümpler/Werder see the limits more clearly: there is no constitutional basis for comprehensive, disease-independent health promotion, given that the corresponding motions were rejected by the National Council committee (BSK BV, Art. 118 N. 4; Trümpler/Werder, OnlineKomm. BV, Art. 118 N. 5). The Federal Council has nonetheless expanded the national health strategies, which de facto challenges the allocation of competences.
N. 25 Concept of health. It is unclear whether the concept of health in Art. 118 FC is to be understood broadly in a context-independent manner — in line with the WHO definitions — or more narrowly, limited to the averting of concrete dangers. Gächter/Rütsche and Gächter/Renold-Burch advocate concretisation based on the purpose within each respective regulatory context (Gächter/Rütsche, Gesundheitsrecht, 4th ed. 2018, para. 19; BSK BV, Art. 118 N. 6). Biaggini agrees in principle but warns against excessive expansion (Biaggini, N. 5 on Art. 118 FC). Poledna, by contrast, prefers a definition updated to reflect the current historical context (SG Komm. BV-Poledna, N. 4 on Art. 118 FC). The practical relevance lies in the fact that a narrow concept of health further restricts the Confederation's competence for health promotion.
N. 26 Tobacco advertising ban: scope of implementation. It is disputed how far the prohibition on tobacco advertising that «reaches children and young people», enshrined in Art. 118 para. 2 lit. b sentence 2 FC, is to be concretised at the legislative level. Biaggini had already drawn attention, prior to the popular vote, to the difficulty of distinguishing the Confederation's competence for tobacco prevention from that for economic regulation (Biaggini, N. 16 on Art. 118 FC). The constitutional text — «reaches» rather than «is directed at children and young people» — imposes a significant restriction on the advertising industry and presents practical implementation challenges, in particular with regard to online marketing.
#Practical Notes
N. 27 COVID-19 and combating epidemics. Art. 118 para. 2 lit. b FC is the constitutional basis of the Epidemics Act (EpA; SR 818.101) and the Covid-19 Act. The Federal Supreme Court confirmed in BGE 147 I 478 E. 3.6.1 that the EpA is based on this Confederation competence and contains numerous directly applicable conduct obligations. Art. 40 EpA (measures in relation to the population) constitutes a sufficient formal statutory basis for cantonal implementation ordinances, insofar as they qualify as implementing ordinances (BGE 147 I 478 E. 3.8). Of practical importance: the intra-cantonal competence to enact such ordinances depends on cantonal law and must be examined in each individual case.
N. 28 Proportionality in the case of restrictions on fundamental rights. Health protection measures that restrict fundamental rights (in particular freedom of assembly, economic freedom) are subject to the principle of proportionality pursuant to Art. 36 para. 3 FC. The Federal Supreme Court held in BGE 148 I 33 E. 3 that a restriction of the number of participants at demonstrations to 15 persons was disproportionate, while in BGE 148 I 19 it qualified a restriction to 300 persons as proportionate. The proportionality review (suitability, necessity, reasonableness) must, in the case of epidemic-related measures, take account of the state of knowledge at the relevant time, which may be incomplete.
N. 29 Cantonal competence under federal law. Even in areas of health law regulated by federal law, the cantons retain room for regulation where federal law expressly so provides. Thus, pursuant to Art. 4 PPSA, cantons may enact stricter provisions on protection from passive smoking (BGE 139 I 242 E. 3.2). Cantonal regulations must, however, correspond to the spirit and purpose of federal law and must not impair its objectives. Powers of implementation remain in principle with the cantons (Art. 46 para. 1 FC; BGE 147 I 478 E. 3.6).
N. 30 Foodstuffs and therapeutic products law. In the area of Art. 118 para. 2 lit. a FC, health and consumer protection objectives are inextricably linked. Case law confirms that federal law (TPA, FoA, NarcA) exhaustively regulates the permitted dealings with medicinal products and foodstuffs, and that cantons may not create independent licensing requirements going beyond federal law (BGE 140 II 520 E. 3). With regard to narcotics legislation, even ethically controversial questions such as the dispensing of sodium pentobarbital for assisted suicide are subject to federal regulation (BGE 133 I 58).
N. 31 Legislation on the tobacco advertising ban. Transitional Provision no. 14 sets the Confederation a deadline of three years from the acceptance of the popular initiative (13 February 2022) for the implementation of the tobacco advertising ban in Art. 118 para. 2 lit. b sentence 2 FC. Since the revised Tobacco Products Act (TPA) in the version of the indirect counter-proposal had already been adopted, it must be revised again in light of the more far-reaching constitutional requirement. During the revision phase, uncertainty exists as to which specific forms of advertising are covered.
Art. 118 BV — Case Law
#Delimitation of Powers and COVID-19 Measures
BGE 147 I 478 of 25 June 2021 Standing for abstract review of cantonal COVID-19 measures; comprehensive federal competence in pandemic control pursuant to Art. 118 para. 2 lit. b BV. Fundamental landmark decision on the distribution of powers between the Confederation and the cantons regarding epidemic measures during the Corona pandemic.
«Art. 118 para. 2 lit. b BV confers on the Confederation comprehensive, subsequently derogatory competence for combating communicable, widespread or dangerous diseases of humans and animals (BGE 139 I 242 para. 3.1; BGE 133 I 110 para. 4.2). Based inter alia on this provision, the federal legislature enacted the Federal Act of 28 September 2012 on Combating Communicable Human Diseases (Epidemics Act, EpA; SR 818.101).»
BGE 148 I 33 of 3 September 2021 Restriction of freedom of assembly by cantonal COVID-19 measures; proportionality test for limitation of participants to 15 persons. First time limits of COVID-19 measures were established due to fundamental rights violations.
«Art. 118 para. 2 lit. b BV confers on the Confederation comprehensive, subsequently derogatory competence for combating communicable, widespread or dangerous diseases of humans and animals. The cantonal regulation challenged here is based according to its ingress inter alia on Art. 40 para. 1 and 2 EpA. The restriction of interpersonal contacts is suitable for reducing the transmission of viruses. Against this background and in view of the high democratic significance of rallies, the limitation of the number of participants to 15 persons appears disproportionate.»
BGE 148 I 19 of 3 September 2021 Limitation of participants to 300 persons at rallies as proportionate COVID-19 measure. Supplement to BGE 148 I 33 clarifying the proportionality limit regarding freedom of assembly.
«The proposed limitation of the number of participants appears necessary to reduce the risk of virus spread. It takes account of both the public interest in health protection and the special significance of freedom of assembly in a democratic constitutional state and proves to be proportionate.»
#Handling of Therapeutic Products and Narcotics
BGE 140 II 520 of 7 July 2014 Authorization requirements for dispensing medicinal products; guiding principles of direct dispensing of medicinal products and mail-order trade under TPA. Central case law on the implementation of federal competence for therapeutic products in practice.
«The Federal Act on Medicinal Products and Medical Devices (TPA) shall, for the protection of human and animal health, ensure that only high-quality, safe and effective therapeutic products are placed on the market (Art. 1 para. 1 TPA). The authorization requirement for dispensing medicinal products in retail businesses results from federal law (Art. 30 para. 1 TPA as framework provision).»
BGE 133 I 58 of 3 November 2006 Dispensing of sodium pentobarbital for assisted suicide; limits of therapeutic products and narcotics legislation in euthanasia. Important decision on the scope of federal competence in ethically controversial questions of medicinal product dispensing.
«Sodium pentobarbital is an addiction-producing psychotropic substance; it is listed as such in the annexes to the Narcotics Ordinance. Sodium pentobarbital may not be dispensed to a person wishing to die without medical prescription under either narcotics law or therapeutic products law. Art. 8 ECHR and Art. 10 para. 2 and Art. 13 para. 1 BV do not oblige the state to ensure that euthanasia organizations or persons wishing to commit suicide can obtain sodium pentobarbital without prescription.»
#Protection from Passive Smoking and Cantonal Competences
BGE 139 I 242 of 7 July 2013 Cantonal prohibition of serviced smoking rooms; relationship between federal law and cantonal restrictions on protection from passive smoking. Fundamental decision on the distribution of powers between the Confederation and cantons in health protection.
«The Federal Act on Protection from Passive Smoking (PaPA) regulates protection from passive smoking in enclosed spaces that are publicly accessible or serve several persons as a workplace. Art. 4 PaPA provides that the cantons may enact stricter provisions 'for the protection of health'. The cantonal provision thus represents a restriction compared to the federal regulation. According to the principle of the precedence of federal law, the cantons can no longer exercise legislative competences in areas that have been conclusively regulated by federal legislation, insofar as they are not expressly provided for in the relevant federal legislation.»
#Food Control and Prohibition of Deception
BGE 130 II 83 of 15 March 2004
Prohibition of deception regarding foodstuffs; advertising with «no added sugar» for orange juice.
Exemplary application of federal competence for food safety.
«The Food Act aims inter alia to protect consumers from deception in connection with foodstuffs (Art. 1 lit. c FoodA). Deception may consist inter alia in creating the impression among consumers that a foodstuff has a special property, although all comparable foodstuffs possess this property.»
BGE 125 II 629 of 21 September 1999 Intercantonal competence for food control measures regarding imported goods. Clarification of federalist enforcement competences in areas regulated by federal law.
«Even under new law, all cantons are authorized to take measures regarding goods that are distributed on their territory. In addition, the authorities of the canton where the importer is domiciled may issue orders where appropriate; this is particularly the case when not only a specific shipment is affected, but measures of more far-reaching significance are in question.»