Facts
Bergsenn AG, headquartered in Ennetbürgen, produces cheese in its dairies in Savognin and Untervaz, which it markets under the name "Heidi-Alpen Bergkäse". The Office for Food Safety and Animal Health of the Canton of Graubünden prohibited Bergsenn AG from using this designation, as the cheese is not produced on the alps and therefore contradicts the Ordinance on the Labeling of "Berg" and "Alp" for Agricultural Products and Processed Agricultural Products (BAlV).
Bergsenn AG filed a complaint against this prohibition, initially unsuccessfully with the Department of Economics and Social Affairs of the Canton of Graubünden and subsequently with the Federal Administrative Court. Finally, it appealed to the Federal Supreme Court in a public law matter.
Considerations
The Federal Supreme Court concluded that the designation "Heidi-Alpen Bergkäse" is admissible. While the terms "Berg" and "Alp" may only be used according to the BAlV if the respective requirements are met, the exception in Article 3 Paragraph 1 BAlV 2011, which allows the term "Alpen" to be used even if the requirements are not met, as long as it clearly refers to the Alps as a geographical area, is applicable here.
The Federal Supreme Court interpreted this exception broadly and concluded that the designation…