Switzerland: New Tobacco Law Unsatisfactory in Regard to Public Health

The reform of the law on tobacco products has been debated for years in Switzerland and has caused despair among all public health stakeholders. On September 22, the Swiss Parliament arbitrated the last remaining differences and adopted new regulations on advertising and sponsorship for tobacco and nicotine products and on the ban on sales to minors.[1]This new law has many exceptions and would not comply with the obligations of the WHO Framework Convention if the country were to ratify the international treaty.

According to the Federal Statistical Office, tobacco consumption is the leading cause of death in Switzerland. Every year, around 9,500 people die prematurely from smoking. Currently, more than a quarter of the Swiss population smokes (27,133). The proportion of smokers is 321,333 among 15-24 year-olds and 361,333 among 25-34 year-olds. These very high proportions have remained unchanged for ten years.[2]Tobacco consumption is estimated to cost Switzerland 5 billion Swiss francs (4.6 billion euros) per year.[3].

Inadequate measures to protect young people from smoking

Advertising posters for tobacco products and e-cigarettes visible in public places, as well as advertising in cinemas, on public transport, in buildings and on sports fields, will be banned. Sponsorship by the tobacco industry will be banned for events in Switzerland only if they are international in nature or aimed at minors. However, a total ban on all advertising of tobacco and nicotine products was rejected. Thus, tobacco advertising in the online press and on the Internet should remain, as well as for foreign print media and only apply to print media and websites "intended for minors".[4]".

They also opposed a total ban on advertising of tobacco and nicotine products. As a result, tobacco advertising in the online press and on the Internet will not be banned in principle. The ban will only apply to print media and websites "aimed at minors". The advertising ban will also not apply to foreign print media.[5].

In addition, in the area of product regulation, the House of Representatives and the Senate rejected the ban on menthol cigarettes. The conservative and centrist majority in Parliament argued that the problem was nicotine and not menthol, which is only used in tobacco products, which are prohibited for minors, anyway. The new law now sets the age of sale of tobacco to minors at 18 throughout Switzerland. Until now, each canton had its own legislation on the subject: eleven prohibited sales to minors and twelve set the minimum age at 16. Three cantons, including Geneva, did not set any limit. Some parliamentarians also claimed that menthol cigarettes accounted for 25% of Swiss cigarette production and that a ban would seriously undermine the economic freedom of companies and lead to job losses.

A law that does not meet the criteria of the WHO FCTC

The new legislation is not enough to reduce tobacco consumption, warned Alain Berset, Minister of Health. He refers to the provisions of the Article 13 of the FCTC treaty which requires its Parties to establish "a comprehensive ban on all tobacco advertising, promotion and sponsorship". The new law will therefore only allow a partial restriction, leaving advertising, promotion and sponsorship still possible and visible, particularly on channels that reach young people the most, and will therefore not be in line with the provisions of the FCTC.

Although Switzerland signed the treaty in 2004, it remains one of the last countries in the world not to have ratified it. If it did so, it would have to revise its legislation to comply with much stricter obligations than those adopted.

Swiss law favourable to the interests of the tobacco industry

Swiss voters will have the final say on the new tobacco products law. A public vote is expected to take place in 2022 calling for a total ban on tobacco advertising. The government is calling on voters to reject the initiative, which it says goes too far. The law is the government's response to a popular initiative calling for a ban on all tobacco advertising. According to parliamentarian Léonore Porchet (Greens/VD): "The law is supposed to be a counter-proposal to the initiative. But it was amended to do the least possible harm to the tobacco industry. Both committees thought more about this industry than about public health and the health of the children of this country."

Switzerland is indeed experiencing continuous interference from tobacco manufacturers in regulations. Many parliamentarians systematically oppose attempts at regulation. Ahead of the debates on 7 and 8 December 2020 on the examination of this law by the National Council[6], the tobacco industry had sent its "recommendations" to the members of four of the six parliamentary groups in the National Council. The tobacco manufacturers opposed the ban on advertising for tobacco and nicotine products on posters and on the internet, the ban on additives (menthol) in tobacco products and did not want any restrictions on sponsorship for tobacco and nicotine products.

Keywords: Switzerland, CCLAT, Interference, Lobby, Law, regulations, advertising

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[1] Tobacco advertising will be banned in public spaces, Le Temps, September 22, 2021, consulted on September 23, 2021

[2] Schweizerische Gesundheitsbefragung 2017 - Tabakkonsum in der Schweiz, Bundesamt für Statistik (BFS), February 18, 2020, accessed September 23, 2021

[3] Tobacco consumption costs Switzerland CHF5 billion a year, Swiss Info, September 9, 2019, consulted on September 23, 2021

[4] Parliament rejects blanket ban on tobacco ads, Swiss Info, September 22, 2021, consulted on September 23, 2021

[5] Parliament rejects blanket ban on tobacco ads, Swiss Info, September 22, 2021, consulted on September 23, 2021

[6] Generation Without Tobacco, Switzerland: Restriction of tobacco advertising, December 8, 2020, accessed September 23, 2021