New Tobacco Products Act in Switzerland as of 1 October 2024

1. Background

Currently, Swiss law does not have a separate Tobacco or Tobacco Products Act to regulate tobacco products and smoking products containing tobacco substitutes. Tobacco products and smoking products containing tobacco substitutes are currently regarded as stimulants and are regulated by the old Foodstuffs Act (oFSA¹). The Tobacco Ordinance (TobO²), which regulates the manufacture, labelling, advertising and sale of these products, was issued on the basis of the oFSA.

The current legal situation will change from 1 October 2024: The new Tobacco Products Act (TobPA³) and the associated Tobacco Products Ordinance (TobPO⁴) will come into force. The aim of the new law is to protect the population from the harmful effects of consuming tobacco products and using electronic cigarettes (e-cigarettes). The law brings with it various innovations and changes to the previous legal situation. These relate in particular to the regulations for electronic cigarettes, tobacco products for heating, tobacco products for oral use (e.g. snus) and the introduction of a ban on supply to minors.

2. Future Legal Situation in Switzerland

The TobPA and TobPO come into force on 1 October 2024. The aim of the TobPA is to protect the population from the harmful effects of tobacco and nicotine consumption. The consumption of tobacco and nicotine products always poses a health risk, as tobacco smoke and the vapor from e-cigarettes contain carcinogenic substances. Nicotine is also highly addictive. In order to protect the health of users, these products are subject to special regulations, which are set out in the Tobacco Products Act and the Tobacco Products Ordinance.

In addition to traditional tobacco products, the Tobacco Products Act also regulates e-cigarettes (with and without nicotine) and tobacco products for heating. The TobPO also defines other similar products, such as herbal heating products, nicotine products for snuffing and tobacco-free waterpipe products, which are also hazardous to health and are subject to the provisions of the TobPA.

The TobPA and the TobPO contain regulations on the sale, advertising and reporting obligations for tobacco products and e-cigarettes.

The following provisions, among others, now apply:

• Dispensing age: a dispensing age of 18 years applies to all products covered by the TobPA;
• Advertising ban: the TobPA prohibits posters on public or private property if they can be seen from public property. Advertising is also no longer permitted on public transport, in public buildings, in cinemas or on sports grounds;
• Restrictions on sales promotions: the new law restricts sales promotions. Products may not be given away free of charge and competitions with gifts are prohibited. Sponsorship is prohibited at events with an international character or at events for an underage audience;
• Test purchases: there is now a legal basis throughout Switzerland that allows the results of a test purchase to be used in administrative or criminal proceedings;
• Protection from passive smoking: the scope of the Federal Act on Protection from Passive Smoking has also been amended and extended to include tobacco products for heating and electronic cigarettes;
• Warnings: the warnings on the products have been adapted to the EU texts and supplemented by three new series of images that are used alternately; and
• Mandatory reporting: the mandatory reporting of products is now carried out via the website tabacinfo.ch.

3. Partial Revision of the Tobacco Products Act

In February 2022, the people and the cantons adopted the popular initiative ‘Yes to the protection of children and young people from tobacco advertising’. The aim of the initiative is to ban tobacco advertising wherever it reaches children and young people. The Tobacco Advertising Act is therefore currently being revised in parliament.

The adoption of the popular initiative will introduce further restrictions on advertising, sales promotion and sponsorship for tobacco products and e-cigarettes in the new Tobacco Products Act. All advertising for tobacco products and e-cigarettes that could appeal to minors is to be banned. Advertising on the internet remains permitted on condition that age control systems ensure that minors do not have access to such content.

Based on the new constitutional provision, the Federal Council is proposing to Parliament that advertising for tobacco products and e-cigarettes be banned in places and media that are used by young people. This applies in particular to print media, certain areas of the internet and festivals. Advertising for tobacco products or e-cigarettes may therefore no longer appear in print media in future. It will also be prohibited in publicly accessible places such as sales outlets and festivals that can be visited by minors. Sponsorship of events to which minors have access will also be prohibited.

4.Timetable for the Implementation of the Partial Revision:

The following stages of the partial revision of the TobPA are planned:

• 2024-2025: Expected duration of parliamentary deliberations
• 2025: Expected consultation on the revised Tobacco Products Ordinance
• 2026: Expected entry into force of the revised Tobacco Products Act and Ordinance

These measures are intended to further strengthen the protection of children and young people from the harmful effects of tobacco advertising.

These measures are intended to further strengthen the protection of children and young people from the harmful effects of tobacco advertising.
These measures are intended to further strengthen the protection of children and young people from the harmful effects of tobacco advertising.

¹Federal Act on Foodstuffs and Utility Articles (Foodstuffs Act, oFSA) of 9 October 1992.

²Ordinance on Tobacco Products and Smoking Products with Tobacco Substitutes (Tobacco Ordinance, TobO) of 27 October.

³Federal Act on Tobacco Products and Electronic Cigarettes (Tobacco Products Act, TobPA) of 1 October 2021.

⁴Ordinance on Tobacco Products and Electronic Cigarettes (Tobacco Products Ordinance, TobPO) of (…).