APG opinion: Cantons may not restrict consumer credit advertising

In addition to the advertising bans on tobacco and alcohol products, advertising restrictions on consumer credit are repeatedly being discussed at cantonal level. The poster company APG commissioned the lawyer Lucas David from the Zurich law firm Walder Wyss & Partner to draw up an expert opinion. The focus was on the question of whether cantons are at all entitled to issue advertising bans for consumer credit. David comes to the conclusion that the cantons are not authorized to introduce this measure. According to David, the federal government regulates consumer credit agreements conclusively, including advertising. In this respect, the cantons are not permitted to enact further provisions to protect consumers. According to David, there is no public interest - unlike in the case of alcohol and tobacco products, where health considerations play a role - because the aim cannot be to restrict the conclusion of small loan agreements per se. However, undesirable socio-political effects should be prevented or reduced, according to a press release.
However, according to the report, a general ban on outdoor advertising for consumer credit would appear disproportionate. In comparison, casinos would only have the requirement to "not advertise in an intrusive manner".
According to David, the protection of property is not one of the public interests that the state must ensure in principle. If this were nevertheless the case, there would be less drastic measures than a general ban on billboard advertising. However, such a ban would also have to be extended to other offers that could lead to consumers becoming over-indebted, David is quoted as saying.