Switzerland: Two-thirds of e-liquids analyzed by a laboratory do not comply with regulations

July 25, 2022

Par: National Committee Against Smoking

Dernière mise à jour: July 25, 2022

Temps de lecture: 5 minutes

Suisse : Deux tiers des e-liquides analysés par un laboratoire non-conformes aux réglementations

A laboratory analyzed 59 e-liquid samples from 17 retailers in five Swiss cantons (Aargau, Bern, Basel-Landschaft, Basel-Stadt, and Solothurn), 34 of which were nicotine-free and 25 of which had a declared nicotine content of between 3 and 20 mg/ml. A total of 661 samples were found to be non-compliant, and 441 samples were banned from sale.[1].

Switzerland makes the sale of electronic cigarettes containing nicotine and their liquids subject to the requirements of the European Directive 2014/40/EU of 3 April 2014 of the European Parliament and of the Council on the manufacture, presentation and sale of tobacco and related products. In this respect, the nicotine content as well as the possible presence of toxic or unauthorized ingredients and allergenic fragrances were checked, as well as their declaration and compliance with the Swiss law on foodstuffs and that on chemicals were also analyzed.

Disputed samples Number of samples (total 59)
For non-compliance with the Foodstuffs Act 16 (27%)
For non-compliance with the Chemicals Act 35 (59%)
Total non-compliant samples 39 (66%)
Sales bans Number of samples (total 59)
For non-compliance with the Foodstuffs Act 13 (22%)
For non-compliance with the Chemicals Act 23 (39%)
Total non-compliant samples 26 (44%)

Summary of the assessment with regard to food legislation

The European directive stipulates that the sale of nicotine-containing liquids is only permitted in the form of refill bottles with a maximum volume of 10 ml, or in a maximum volume of 2 ml for disposable e-cigarettes and disposable cartridges. Health warnings must also be provided in the official language of the place of sale.

Reason for the ban on sale according to the Foodstuffs Act Number of samples (total 59)
Ingredient declared incorrect 1 (2%)
Health warning in a language other than the official language 11 (19%)
Disposable e-cigarette/pods liquid tank volume > 2 ml 1 (2%)
Refill bottle volume > 10 ml 1 (2%)
Other grounds for objection under the Foodstuffs Act without a ban on sale Number of samples (total 59)
Best before date passed 4 (7%)
Warnings are difficult to read 1 (2%)
Missing batch number 1 (2%)
Bad health warning 1 (2%)

Summary of the assessment with regard to the legislation on chemicals

Hazardous chemicals may only be sold if they are properly classified, labeled, and packaged, and a safety data sheet must be included with the product. In addition, the manufacturer's Swiss address must appear on the product, and the labeling must comply with national legislation and be written in the official language of the place of sale.

Of the 59 samples, 36 (61%) contained chemicals classified as hazardous under chemicals legislation. Of these 36 samples, 23 were banned from sale.

Reason for the ban on sale according to the Chemicals Act Number of samples (total 23)
No safety data sheet available 12 (52%)
Wrong or missing classification 15 (65%)
Other grounds for complaint under the Chemicals Act without a sales ban Number of products classified (36)
Wrong labeling language 14 (39%)
Missing manufacturer address 21 (58%)
Failure to comply with reporting obligation 27 (75%)
Non-compliant safety data sheet 16 (67%) (out of 24)*
Font size too small or illegible 2 (6%)
Danger pictogram too small 4 (11%)

* No safety data sheets could be submitted for 12 products.

Presence of toxic ingredients in certain e-liquids

None of the substances prohibited by European Directive 2014/40/EU, such as coumarin, safrole, quassin, vitamin E, vitamin E acetate, or diacetyl, were detected. Three samples were tested for salicylic acid at concentrations ranging from 13.8 to 19.9 mg/ml. This substance is known to be toxic and is classified as a carcinogenic, mutagenic, and reprotoxic substance.

Problematic components such as furfural (3 samples), dihydrocoumarin (4 samples) or 7-methoxycoumarin (1 sample) were only detected at very low concentrations, so no complaints had to be made.

Many flavors and colors present

A total of 44 flavoring substances and four coloring substances were identified in the 59 samples. Between 0 and 17 different flavoring substances could be detected depending on the liquids, the most frequently detected being linalool (40 samples), methyl cinnamate (27), vanillin (27), limonene (23) and citral (21). High maximum concentrations of flavoring substances were measured for menthol (11 mg/ml), benzyl alcohol (7.5 mg/ml), trans-anethole (2.5 mg/ml) and 2-phenylethanol (1.1 mg/ml). The detected dyes are food dyes: orange yellow S (CI 15985, E110), amaranth (CI 16185, E123), brilliant blue FCF (CI 42090, E133) and azorubine (CI 14720, E122).

According to the study authors, the health effects of using food colorings in vaping products are still uncertain and they call for further investigation into this issue.

Keywords: vaping, e-liquids, Switzerland, analyses, laboratory, ingredients

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[1] Swiss Association for the Prevention of Smoking, The cantonal laboratory disputes two of the three e-liquids analyzed, published July 20, 2022, accessed July 25, 2022

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