Switzerland postpones ban on tobacco advertising

The proposed ban on tobacco advertising was ultimately rejected by the National Council. The written press and mobile vendors at festivals had already benefited from an exception in December 2023. This persistence of tobacco advertising confirms the influence of the tobacco industry on Swiss politics.

The Federal Council's proposed ban on tobacco advertising to protect minors in May 2023, was finally rejected by the National Council on February 29, 2024. The right and the left opposed it for divergent reasons, the first considering the text liberticidal and the second finding it too favorable to the tobacco industry.[1].

Although approved by popular initiative, the bill is rejected

This bill had, however, been the subject of a popular initiative supported by several Swiss public health organizations. Launched in 2019 and entitled "Yes to the protection of children and young people against tobacco advertising", it received the support of 56.6 % of the Swiss but had met with opposition from the government and the Swiss Federal Parliament. The Federal Council then formulated a fairly strict bill, aimed at banning tobacco advertising in all its forms, whether seen by adults or children.

Already in December 2023, the Council of States had limited the scope of the bill by granting exemptions to the written press, 95% of whose readers would be adults.[2], to mobile vendors at festivals and public events and by removing the ban on promotional and sponsorship indications[3]. Subsequently, renowned experts in constitutional law and the Federal Office of Justice expressed their doubts and designated these amendments as unconstitutional.[4]

During the debate in the National Council on 29 February 2024, the votes on the various proposals were close. The exemption for advertising in the written press was only confirmed by 97 votes to 94, and that for mobile vendors by 96 votes to 93. Promotion and sponsorship for tobacco products, on the other hand, were rejected by 97 votes to 96, with the President having the casting vote. Since the entire bill was ultimately rejected by 121 votes to 64, it now returns to the Council of States. A first draft bill on the regulation of tobacco advertising had already been rejected in 2016.

The public health organisations that launched and won the popular initiative Children without tobacco believe that the changes currently under discussion do not respect the popular will expressed at the ballot box. However, the return of this project to the upper house does not allow us to hope for a better drafting of its text.

Switzerland, a country under strong influence of the tobacco industry

The tobacco advertising bill was opposed in the National Council by the Democratic Union of the Centre (UDC) and the Liberal Radical Party (PLR). These two political parties admitted in October 2023 that they had each received 35,000 Swiss francs (36,400 euros) in contributions from Philip Morris[5].

Switzerland is ranked second among the countries most influenced by the tobacco industry, according to the 2023 edition of the Global Tobacco Industry Interference Index (GTIII)[6].

It is one of the few European countries, along with Monaco and Liechtenstein, not to have ratified the Framework Convention on Tobacco Control (FCTC) of the World Health Organization (WHO). Consumption of tobacco products remains stable and at a high level (24 %) in Switzerland, while that of new products nicotine explodes.

Keywords: Switzerland, National Council, tobacco advertising, child protection, popular initiative

©Generation Without Tobacco

MF

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[1] The Time/ATS, National rejects proposed ban on tobacco advertising for children, Le Temps, published on February 29, 2024, consulted on 1^er March 2024. [2] This figure of 95 % is the result of a compromise: some elected officials placed this threshold at 98 %, others at 90 %. [3] Felley E, The right is anxious not to "kill" the tobacco industry, Le Matin, published on February 29, 2024, consulted on 1^er March 2024. [4] https://www.at-schweiz.ch/fr?id=234&Le-Conseil-national-rejette-une-proposition-anticonstitutionnelle#nouvelles-et-articles-de-blog [5] Swiss Association for the Prevention of Smoking, The 2023 Federal Election and Philip Morris Money, published on October 2, 2023, consulted on 1^er March 2024. [6] Assunta M, Global Tobacco Industry Interference Index 2023, Global Center for Good Governance in Tobacco Control. Bangkok, Thailand, November 2023, 84 p. National Committee Against Smoking |