Release of Clove Capsules as Food Supplements

Facts

Parties:

• Appellant: [A.] , owner of a naturopathic practice, represented by attorneys Dr. Felix Kesselring and/or Kathrin Lanz
• Respondent: Department of Economic Affairs and Health, Office for Food Safety and Veterinary Affairs (ALV) of the Canton of Basel-Landschaft
• Government Council of the Canton of Basel-Landschaft

Facts:

• The appellant ordered food supplements in the Netherlands, which were detained by customs.
• The ALV decided that the products would remain in customs custody until a lawful use was found.
• The appellant applied for the release of the products, particularly the clove capsules.
• The Canton Court of Basel-Landschaft dismissed the appeal.
• The appellant filed an appeal with the Federal Supreme Court.

Considerations

The appeal concerns a matter of public law in the field of food legislation and is admissible. The Federal Supreme Court examines the violation of federal law and applies the law ex officio.

The subject of the proceedings are the clove capsules, which are disputed as to whether they are correctly labeled and whether the import could be prohibited. The appellant argues that the labeling complies with the legal requirements and that consumers are not misled.

The Federal Supreme Court finds that cloves are considered other substances within the meaning of the Food…