In 2006, an association of producers of absinthe from the Val-de-Travers (canton Neuchâtel) applied for protection as protected geographic indications (PGI, AOC) for the terms "Absinthe", "Fée verte" ("green fairy") and "La Bleue" ("The Blue"). In 2012, the Ministry for Agriculture allowed the application, despite numerous opposing parties. The protection as PGI would mean that only absinthe from the Val-de-Travers (and environments) could be legally called absinthe in Switzerland.

A number of producers of absinthe not situated in Val-de-Travers, both Swiss and French, appealed the ruling to the Federal Administrative Court. The Court, in its decision of 8 August 2014, reversed and denied protection as PGI.

The Court reasoned that the relevant (general) public would understand the terms "Absinthe", "Fée verte" et "La Bleue" as generic terms for a specific type of spirit, namely a spirit containing extracts of artemisia absinthium L. According to a consumer survey, 21% of consumers (outside of Neuchatel) spontaneously associated  Absinthe with the Val-de-Travers, 33%  "Fée vert" and 35% "La Bleue". More importantly, however, the most frequent association was "Canton de Jura" (23%). With aided recall, the numbers reached about 50%. The numbers for the Canton of Neuchatel were much higher.

The Court criticized a number of methodological flaws with the survey evidence that led it to attribute no or very little evidentiary weight to it. The Court came to the conclusion that the applicant had not met its burden of proof that "Absinthe" etc was not generic, and therefore dismissed the application. The green fairy may therefore continue to roam freely (for the interesting history of absinthe see wikipedia).

Decision B-4820/2012  of 8 August 2014 (not final, can be appealed to the Federal Supreme Court)