Switzerland Implements New Tobacco Products Act (TobPA)

Switzerland has enacted a significant overhaul of its national regulations governing tobacco and nicotine products with the new Tobacco Products Act (TobPA), which came into force on October 1, 2024. This comprehensive legislation, along with its associated Tobacco Products Ordinance (TobPO), aims to better protect the population, especially young people, from the harmful effects of tobacco and nicotine consumption. The new law introduces a nationwide minimum age for purchase, imposes far-reaching advertising restrictions, expands smoke-free protections to include vaping, and establishes new reporting obligations for the industry, bringing Switzerland’s approach more in line with many of its European neighbors.

Previously, Swiss law lacked a dedicated federal act for tobacco products, which were regulated under the older Foodstuffs Act. The new TobPA modernizes this framework, creating a unified set of rules for a wide range of products.

Scope of the New Law: Beyond Traditional Tobacco

The TobPA’s regulations are not limited to traditional cigarettes. Its scope explicitly includes:

Traditional Tobacco Products: Cigarettes, cigars, rolling tobacco, etc.
Electronic Cigarettes (Vapes): Both those containing nicotine and nicotine-free versions.
Heated Tobacco Products (HTPs): Devices that heat tobacco without combustion.

The associated ordinance (TobPO) further extends the law’s provisions to other similar products deemed hazardous to health, such as herbal heating products, nicotine products for snuffing (like snus), and tobacco-free waterpipe (shisha) products. The rationale is that all these products pose health risks, as tobacco smoke and the vapor from e-cigarettes can contain carcinogenic substances, and nicotine is highly addictive.

Key Changes Under the New Tobacco Products Act (TobPA)

The legislation introduces several major changes to the previous legal situation in Switzerland:

Nationwide Minimum Age of 18

A crucial and long-awaited change is the introduction of a nationwide minimum dispensing age of 18 years for all products covered by the TobPA, including tobacco products, e-cigarettes, and nicotine pouches. This harmonizes the rules across all cantons, many of which already had their own age restrictions, creating a clear and consistent national standard to prevent sales to minors.

Far-Reaching Advertising Restrictions

The TobPA imposes significant new restrictions on the advertising of tobacco and vaping products. Key prohibitions include:

A ban on posters on both public and private property if they are visible from public spaces.
A ban on advertising in or on public transport, in public buildings, in cinemas, and on sports grounds.

Restrictions on Sales Promotions and Sponsorship

The new law curtails sales promotions to reduce the appeal and accessibility of these products. It is now prohibited to give away tobacco or vape products for free or to run competitions with such products as prizes. Sponsorship of international events or any events primarily aimed at an underage audience is also banned.

Expanded Protection from Passive Smoking/Vaping

The scope of the Federal Act on Protection from Passive Smoking has been amended and explicitly extended to include heated tobacco products and electronic cigarettes. This means that vaping and using HTPs are now prohibited in the same enclosed public spaces where traditional smoking is already banned, such as restaurants, bars, and workplaces.

New Warnings and Reporting Obligations

The health warnings on product packaging have been adapted to align with EU texts and have been supplemented with three new series of alternating image warnings. Furthermore, a mandatory reporting system has been established via the website tabacinfo.ch, requiring manufacturers to submit detailed information about their products.

Legal Basis for Test Purchases

The law now provides a clear legal basis throughout Switzerland for conducting “test purchases” to check for compliance with age restrictions. The results of these test purchases can now be used in administrative or criminal proceedings against non-compliant retailers.

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The Next Step: Partial Revision to Further Restrict Advertising

Even as the new TobPA takes effect, Swiss lawmakers are already working on further tightening regulations. This is in response to the successful popular initiative, “Yes to the protection of children and young people from tobacco advertising,” which was adopted by the people and cantons in February 2022. The aim of this initiative is to ban all tobacco and vape advertising wherever it can reach children and young people.

Based on this new constitutional mandate, the Federal Council is proposing a partial revision of the TobPA to Parliament. This revision would introduce even stricter advertising bans, particularly in places and media accessible to young people. Key proposed changes include:

A ban on advertising for tobacco products and e-cigarettes in all print media.
A ban on advertising in publicly accessible places, such as at points of sale and at festivals that can be visited by minors.
A prohibition on sponsorship of events to which minors have access.
Advertising on the internet would remain permitted only on the condition that robust age control systems are in place to ensure minors do not have access to such content.

Timeline for the Partial Revision:

The implementation of these further advertising restrictions is expected to follow this timeline:

2024-2025: Expected duration of parliamentary deliberations on the revised act.
2025: Expected consultation period on the revised Tobacco Products Ordinance.
2026: Expected entry into force of the revised Tobacco Products Act and Ordinance.

These future measures are intended to further strengthen the protection of children and young people from the harmful influence of tobacco and nicotine advertising, bringing Swiss law more in line with the will of the voters expressed in the popular initiative.

Conclusion: A New Era of Tobacco and Vape Control in Switzerland

The implementation of the new Tobacco Products Act on October 1, 2024, marks a pivotal moment for public health in Switzerland. By establishing a nationwide minimum age of 18, restricting advertising, and extending smoke-free laws to include vaping and heated tobacco products, the country has significantly strengthened its regulatory framework. The ongoing parliamentary work to further limit advertising in response to the successful popular initiative indicates that this is just one step in a continuing effort to reduce the appeal and accessibility of all nicotine products, especially for the younger generation. For consumers, retailers, and manufacturers, adapting to these new and forthcoming rules will be essential as Switzerland charts its course towards a more regulated nicotine market.

Federal Act on Foodstuffs and Utility Articles (Foodstuffs Act, oFSA) of 9 October 1992.
Ordinance on Tobacco Products and Smoking Products with Tobacco Substitutes (Tobacco Ordinance, TobO) of 27 October.
Federal Act on Tobacco Products and Electronic Cigarettes (Tobacco Products Act, TobPA) of 1 October 2021.
Ordinance on Tobacco Products and Electronic Cigarettes (Tobacco Products Ordinance, TobPO) of (…).
References: New Tobacco Products Act in Switzerland as of 1 October 2024

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.