Switzerland: standoff over ban on tobacco advertising aimed at minors

In Switzerland, a popular initiative will be submitted to a referendum on February 13. Considering that the legal framework for tobacco products is not currently sufficient to guarantee satisfactory protection for younger generations, it proposes to restrict tobacco advertising. This initiative has encountered open hostility from some of the public authorities, who are susceptible to the influence of the tobacco industry.

In Switzerland, the federal popular initiative allows for the proposal of an amendment to the federal constitution. The citizens behind this initiative have 18 months to collect the handwritten signatures of 100,000 people with the right to vote. If the project is successful, the initiative is submitted to the entire Swiss people in a referendum.

Amend the Swiss regulatory framework, which is particularly favorable to the tobacco industry

The text of the popular initiative, launched by several health and youth promotion organizations, proposes the banning of "all forms of advertising that reach children and young people". Thus, this ban on advertising would not be total, it would however be restricted to a limited number of mediums: magazines, leaflets, emails and targeted content intended for adults.[1]. If this proposal were to meet with popular support among the Swiss, it would nevertheless allow for real progress in the regulatory framework, which is currently particularly favourable to the tobacco industry. Switzerland, one of the few countries in the world not to have ratified the World Health Organisation's Framework Convention on Tobacco Control (FCTC), is today considered to be a stronghold for tobacco multinationalsThe tobacco industry's very strong influence on Swiss public decision-making is a key obstacle for public health: since 2013, no tax increase has been applied to tobacco products.

A counter-proposal to neutralize the Swiss popular initiative

The tobacco industry's reaction to this popular initiative was not long in coming. Indeed, as reported by the media Swissinfo, the Swiss government and federal parliament consider that the proposed restriction goes too far. As a result, they are opposing the initiative with a counter-proposal in the form of a new, more permissive law. The latter would be limited to prohibiting posters in public spaces, the distribution of free samples, advertising on public transport, or on sports fields. On the other hand, it would continue to allow manufacturers to advertise on the Internet, on social networks, in free newspapers, as well as at festivals, going against the imperative to protect young people from advertising for tobacco products.[2].

Economic circles mobilized by the tobacco industry to discredit the health measure

In an interview, the political delegate of the Employers' Centre Patrick Eperon described the proposal of the popular initiative as "unacceptable", "extreme" and "superfluous", heralding upcoming "hygienic" restrictions for products such as meat, wine or beer. For the official, such a decision would have harmful consequences for the Swiss economy. However, the proposal of the popular initiative falls short of the total ban on tobacco advertising, in force in a large number of European countries. This strong opposition to the Swiss popular initiative underlines on the one hand the importance for cigarette manufacturers to target the younger generations, and on the other hand the opposition of the tobacco industry to any effective public health measure. As this example shows, the tobacco industry strongly mobilizes third parties to assert its interests in the public debate.

FT

[1] Swissinfo.ch, « We cannot promote tobacco to young people while prohibiting them from consuming it. », 29/12/2021, (accessed 04/01/2021)

[2] Swissinfo.ch, "We fear that the tobacco initiative will open the door to further advertising bans" , 12/29/2021, (accessed 01/04/2021)