Fribourg bans tobacco sales to minors

On November 18, 2020, members of parliament from the Swiss canton of Fribourg voted to amend the law on the exercise of commerce to prohibit the sale of tobacco to minors.

On November 18, 2020, the Fribourg Grand Council voted to ban the sale of tobacco products to those under 18, by largely adopting a proposal to amend the law on the exercise of commerce (LCom)[1] – 89 votes "for", 6 "against" and 5 abstentions. The previous version of this law, in force since 2009, only prohibited the sale of tobacco to those under 16.

The ban on sales to minors also applies to e-cigarettes, which, due to a legal loophole, were previously not subject to any sales restrictions.

"Prohibiting access to minors is an effective means of prevention."

The President of the Council of State[2], Anne-Claude Demierre, welcomed the outcome of the vote, which represents a major step forward in terms of public health: "The ban on access for minors is an effective means of prevention. Raising the age limit to 18 aims to strengthen the protection of young people and is in line with the current cantonal smoking prevention program: "Without tobacco, I can breathe" [3].

Protecting young people from smoking is a priority for the canton of Fribourg, where 57% of smokers started smoking before the age of 18.4]. In 2012, the prevalence of smoking among 14-24 year olds was 24.% in the same canton[5].

Socialist MP Armand Jaquier also insisted "on the need to properly train sales staff called upon to enforce the ban"[6]. A necessary reminder, because in 2015, the Information Center for Tobacco Prevention (CIPRET) carried out test purchases to assess retailers' compliance with the legal age for tobacco sales. However, the results then showed "still insufficient application of the law since the sale [had] been accepted in 47 cases, or almost one in two times"[7].

There is no federal regulation of tobacco sales.

Currently, Switzerland has weak federal regulations on tobacco. In particular, there is no regulation of the sale of tobacco products - and therefore no ban on the sale of tobacco to minors - at the federal level.8].

Tobacco and smoking policy is in fact very largely the responsibility of the cantons. This results in "great diversity in the regulation of tobacco products from one canton to another"[9].

In 2016, a bill providing for, among other things, greater regulation of the sale of tobacco products and advertising for these products was submitted by the Federal Council to Parliament, but the latter returned it to the Federal Council, which was tasked with proposing a new bill.10]. This new project, which must be voted on by Parliament at the end of 2020 and, if necessary, enter into force in 2022, proposes a "Ban on the sale of tobacco products to those under 18", as well as a "Ban on the sale of electronic cigarettes (liquids with or without nicotine) to those under 18"[11].

However, for Luciano Ruggia, president of the Swiss Association for the Prevention of Smoking, "this new bill only advocates timid improvements in the protection of children and adolescents"[12].

©Generation Without Tobacco

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[1] Sale of tobacco products prohibited to those under 18 years of age, Le Matin (November 18, 2020, consulted November 25, 2020). [2] The Council of State is the government of the canton of Fribourg. [3] Sale of tobacco products prohibited to those under 18 years of age, Le Matin (November 18, 2020, accessed November 25, 2020). [4] Ibid. [5] All information about smoking prevention, fr.ch (June 9, 2020, accessed November 25, 2020). [6] Sale of tobacco products prohibited to those under 18 years of age, Le Matin (November 18, 2020, accessed November 25, 2020). [7] Information for tobacconists, cipretfribourg.ch (accessed November 25, 2020). [8] Legal bases, cipretfribourg.ch (accessed November 25, 2020). [9] Cantonal tobacco policies, bag.admin.ch (last updated November 20, 2020, accessed November 25, 2020). [10] LPTab : second draft law (2016-2020), tabac.unisante.ch (December 18, 2018, consulted November 25, 2020). [11] Ibid. [12] Ram Etwareea, LSwitzerland, the “homeland of tobacco multinationals” under fire, Le Temps (February 20, 2020, last updated February 21, 2020, accessed November 25, 2020). DNF - For a Zero Tobacco World |