Swiss Parliament opposes WHO Framework Convention on Tobacco Control

The draft Tobacco Products Act (TPA), submitted to the Swiss Federal Parliament in 2015 and currently under discussion in Parliament, does not comply with the requirements of the World Health Organization Framework Convention on Tobacco Control (FCTC). This is the conclusion of a legal opinion drafted at the request of Swiss health organizations.[1].

While the new law is intended to ban the sale of tobacco products to minors under 18 across the country, it falls short on the issue of advertising. According to five anti-smoking and public health organizations, this regulatory gap is explained by a political desire "not to harm the interests of the tobacco industry."[2].

Switzerland, signatory of the FCTC since 2004

In its Article 13, the FCTC requires its Parties to establish "a comprehensive ban on all tobacco advertising, promotion and sponsorship." Although Switzerland signed the Treaty in 2004, it remains one of the last countries in the world not to have ratified it. The stumbling block is the non-compliance of its law with this Article 13. Switzerland has an established practice of not ratifying a convention until it has adapted its national legislation. The draft law currently being drafted will only allow a partial restriction, leaving advertising, promotion and sponsorship still possible and visible to children and adolescents, and will therefore not be in compliance with the provisions of the FCTC, preventing Switzerland from ratifying it.

Proximity between decision-makers and manufacturers

While the general ban on advertising is supported by the vast majority of the population, it faces opposition from some political decision-makers. In an article published by Le Temps in December 2020[3], Philippe Nantermod, member of the National Council commission dealing with public health (CSSS), indicated that he was "personally not in favour of banning tobacco advertising", pointing out the "hypocritical" nature of such a measure, which would prevent the financing of "many large events". Critics of the general ban, mostly of liberal persuasion, mention the potential infringement of such a measure on certain fundamental rights, such as economic freedom, or freedom of opinion and information. However, as the legal opinion recalls, the "limitations on the right to advertise for certain products [are] in accordance with the Constitution", and already in force, particularly with regard to prescription drugs and drugs that can be purchased without a prescription "which can lead to addiction or dependence".[4].

"An attractive place for the tobacco industry"

Switzerland is currently the most lax country in the fight against smoking. Its federal structure attracts tobacco multinationals, two of the largest of which (PMI and JTI) have set up their headquarters there. The country, granting strong decision-making power to small political entities (the cantons), thus facilitates the interference and lobbying strategies of tobacco manufacturers. Furthermore, in 2003, the Federal Council reiterated its ambition to make Switzerland an "attractive place for the tobacco industry"[5].

A major public health issue in Switzerland

Beyond the advertising issue, health organizations point out the need to implement additional measures, such as the introduction of plain packaging, or increasing taxes. Indeed, since 2017, the decision to increase taxes on tobacco products no longer falls within the competence of the Swiss Federal Council. These have not changed since 2013. With 27% smokers, Switzerland has not recorded a decrease in its smoking prevalence in a decade[6]This strong influence of cigarette manufacturers in political life comes at a high price: smoking is directly responsible for 9,500 deaths each year in Switzerland.

[1] R&Associates lawyers, Legal Opinion. Compliance of the Federal Tobacco Products Bill with Higher Law, December 16, 2020

[2] Swiss Association for the Prevention of Smoking, Parliament considers bill that does not comply with WHO Framework Convention on Tobacco Control, January 25, 2021 (accessed 01/27/2021)

[3] Time, Switzerland and its tobacco regulations, December 6, 2020, (accessed January 27, 2020)

[4] Swiss Confederation. Federal Law on Medicines and Medical Devices (LPTh). 812.21, article 32

[5] Present Time, Warning, this parliament may harm your health, September 7, 2018 (Video)

[6] The Tobacco control scale 2019 in Europe, February 19, 2020