Facts

Parties:

  • Appellant: [A. GmbH] , a company based in [U.] (Canton of Valais), which distributes alcoholic and non-alcoholic beverages.
  • Respondent: Council of State of the Canton of Valais.

Facts:

  • [A. GmbH] markets a beer named "Saas das Bier" with a label featuring a Valais star and a mountain panorama. The beer is brewed and bottled in [V.] .
  • In February 2019, the Consumer Protection and Veterinary Office of the Canton of Valais objected that the alcohol content in the beer bottles deviated by more than 0.5 volume percent from the value stated on the label and that the label contained misleading information about the origin of the beer.
  • The office ordered [A. GmbH] to correct the label by March 23, 2019. No appeal was filed against this decision.
  • In November 2019, it was found that the imposed measures had not been correctly implemented and that this was a repeat offense. The office ordered the removal of the Valais star and the designation "Saas das Bier."
  • [A. GmbH] filed an appeal and a complaint, both of which were dismissed. The Cantonal Court of the Canton of Valais confirmed that the description "Saas das Bier" was objectively capable of creating false impressions among consumers regarding the production location and origin of the beer.

Considerations

The appeal concerns a matter of public law in the field of food law and has been filed in a timely and proper form. The appellant is entitled to bring the legal remedy.

The appellant argues that the presentation of the product "Saas das Bier" did not involve any intent to deceive. The production location is declared, and the origin of the beer is clearly visible on the neck label. The previous instance did not comply with the request for the examination of witnesses and experts.

The Federal Supreme Court examines the violation of federal law ex officio and applies the law taking into account the general obligation to raise and substantiate objections. The objection of a violation of fundamental rights is only examined if it has been raised and sufficiently substantiated in the appeal.

The previous instance must determine the facts that enable the assessment of the legal question. The…