Switzerland: new regulations on tobacco and vaping products in Vaud
July 20, 2024
Par: National Committee Against Smoking
Dernière mise à jour: August 6, 2024
Temps de lecture: 5 minutes
From July 15, new laws come into force in the Canton of Vaud prohibiting the sale and distribution to minors of all tobacco products, including heated tobacco products, and other similar products such as electronic cigarettes, disposable electronic cigarettes (puffs) and other related products, whether or not containing nicotine. The ban on consuming tobacco products in indoor or closed public places is extended to all of these derivative products, including electronic cigarettes, puffs or other products of this type. This law also prohibits advertising in all its forms in public places outside and on private property visible to the public.
Businesses have until January 2025 to obtain authorization and adapt their advertising, and until June 2025 to technically adjust their sales. These measures aim to protect young people, responding to a popular initiative and local concerns.
In the canton of Vaud, the sale of tobacco to minors has been prohibited since January 2006, in accordance with the Vaud Law on the Exercise of Economic Activities, making Vaud the first canton to legislate on the matter. However, the legislators of the Canton considered it important to explicitly include heated tobacco products in the scope of this ban. In addition, the marketing of new nicotine products such as e-cigarettes has led to significant consumption of these products among young people. In 2022, 3.0% of the Swiss population used e-cigarettes at least once a month, a prevalence that rises to 5.7% among young people aged 15 to 24.[1] With this in mind, the legislator has extended the ban on sale to minors to these products.
Delay in implementing protective bans on young people
Until now, e-cigarettes, vaping devices and other similar products, whether or not containing nicotine, such as snus and nicotine pouches, were not regulated by the Vaud tobacco laws, but rather by the federal food regulations. Consequently, they were available for sale without restriction, including to minors. The sale of these addictive products to young people under the age of 18 was therefore legal. In addition to easy accessibility, these products are the subject of sustained advertising aimed specifically at a young audience.
From now on, the cantonal law on the encouragement of the economy (LEAE) provides for the obligation for traders to verify the age of buyers using an identity document, this provision aims to facilitate the application of the ban on sales to minors. Vending machines authorized in the country will also have to comply with this obligation to priorly check the customer's age.
In addition, any business that does not currently have a permit to sell tobacco, electronic cigarettes and similar products, as well as any new business wishing to sell these products, must submit an application for authorization to the municipality.
Ban on advertising these products
Regarding the amendments to the Tobacco Products Act (TPA), these prohibit the advertising of such products in public places as well as on private areas visible to the public. In addition, any advertising explicitly targeting minors is prohibited, not only outdoors but also indoors, including in movie theaters, during cultural or sporting events, as well as in private places accessible to the public.
Vaping now banned in indoor public spaces
The smoking ban now also includes vaping. Thus, the scope of the smoking ban in indoor or enclosed public spaces includes not only all tobacco products, those of herbal products, but also the consumption of electronic cigarettes.
Transitional period granted
In order to allow traders, event organisers and municipalities to comply with these new rules, a transitional period is granted. Authorisation applications must be obtained by 31 January 2025 and technical adaptations for vending machine sales and age control of consumers must be completed by 30 June 2025.
Beyond the adoption of these measures, the question of their effectiveness will arise. Previous studies had in fact highlighted that the measures in force remained poorly applied. "Test purchase" checks in the canton of Vaud carried out in November 2023 revealed that nearly 30 % tobacco outlets were breaking the law by selling products to minors, despite the ban in force.[2]
D.T.
[1] Federal Office of Public Health, Facts & Figures: Tobacco, Federal Office of Public Health, published in 2023, consulted on July 10, 2024[2] Generation without tobacco, Canton of Vaud: 30 % of establishments sell tobacco to minors, GST, published November 24, 2023, accessed July 11, 2024National Committee Against Smoking |
