Tobacco legislation in Switzerland

Switzerland has tobacco legislation defined at federal and cantonal level. It covers protection of the population against passive smoking, restrictions on tobacco advertising, warnings on packaging and taxes.

History

Switzerland is one of the few European countries (along with Monaco and Liechtenstein) not to have ratified the WHO Framework Convention on Tobacco Control (FCTC). It signed it on June 25, 2004, but will only be able to proceed with ratification once it has brought its national legislation into line with the treaty, in accordance with Swiss law on international treaties. In 2015, ratification was included in the 2020 objectives of the Federal Office of Public Health.

A Tobacco Bill was proposed by the Federal Council in November 2015. It aimed to strengthen protection against smoking, but was considered "a minimal project [...] lagging behind certain measures taken in foreign countries" by Alain Berset, the Federal Councillor and head of the Federal Department of Home Affairs behind the project. However, it was considered too restrictive by the Health Committee of the Council of States, which rejected it. A new version of the bill, proposed in December 2017, dropped the bans on cinema, poster and press advertising. It failed to enable Switzerland to achieve its goal of ratifying the WHO Framework Convention, and was deemed clearly insufficient by Swiss prevention circles, who campaigned for a total ban on advertising and sponsorship of public or private events.

A new bill was put out to consultation in 2018, with almost no new advertising restrictions. The "tobacco-free children" initiative was launched in March 2018 to propose a slightly more ambitious law to control advertising.

In October 2021, the Federal Assembly passed a federal law on tobacco products and electronic cigarettes (Tobacco Products Act, LPTab; fr: Loi fédérale sur les produits du tabac et les cigarettes électroniques; de: Bundesgesetz über Tabakprodukte und elektronische Zigaretten; it: legge federale sui prodotti del tabacco e le sigarette elettroniche). It was due to come into force by mid-2023.

Passive smoking

Swiss Federal Law

A federal parliamentary initiative was launched in 2006 by National Councillor Felix Gutzwiller to strengthen protection against passive smoking in public places. It proposed amending the Labor Act to establish the principle that workers should be able to carry out their activities without being exposed to passive smoke. This initiative was accepted by the National Council on October 4, 2007.

Following the referendum, a law was introduced at federal level in 2010. It imposed the principle that smoking was prohibited in public places and workplaces, but did not apply to catering establishments of less than 80 square meters, which could be operated as smoking establishments. Served smoking rooms were also permitted.

The right-wing parties opposed the text and defended the "right to smoke" and the freedom of shopkeepers to decide whether or not their establishments would be smoking, in the name in particular of the attractiveness of Switzerland as a tourist destination, while the left-wing parties defended a more general ban.

A new initiative to strengthen this ban was rejected on September 23, 2012, including by the cantons that had overwhelmingly approved the imposition of additional restrictions at home. The canton of Geneva was the only one to vote overwhelmingly in favor of a stricter ban at federal level.

Swiss Cantonal laws

In Switzerland, each canton can legislate in its own area of jurisdiction (e.g. health and hygiene). Cantons are thus able to enact laws that are more restrictive than federal law.

Swiss cantons can be broadly grouped into three categories:

1. The most restrictive have adopted a law similar to that found in countries such as France and the UK: smoking is banned in all cafés and restaurants, whatever their size. Smoking rooms are authorized under certain conditions, but no services may be provided. These are the following cantons: Basel-Stadt, Basel-Landschaft, Fribourg, Geneva, Neuchâtel, Valais and Vaud;
2. Others have adopted a more restrictive jurisdiction than the federal law, banning smoking establishments but authorizing serviced smoking rooms. These are the cantons: Appenzell Ausserrhoden, Bern, Graubünden, St. Gallen, Solothurn, Ticino, Uri and Zurich;
3. The other cantons simply apply federal law. These are the following cantons: Aargau, Appenzell Innerrhoden, Glarus, Jura, Lucerne, Nidwalden, Obwalden, Schaffhausen, Schwyz, Thurgau and Zug.

Almost all the French-speaking cantons belong to the first category; only the canton of Jura is limited to applying federal law. In contrast, the cantons in the third category are almost all German-speaking.

Detailed information on some cantons that have adopted laws more restrictive than the federal law:

• Ticino: Smoking is banned in all public establishments. However, the possibility of setting up smoking rooms, based on the Italian model, is reserved. This law was the subject of a referendum tabled by the Lega dei Ticinesi party, which considered it liberticidal. On March 12, 2006, the people of Ticino voted 79.1% in favor of the ban;

• Solothurn: Smoking is now banned in all public buildings and establishments in Solothurn. However, smoking rooms with separate ventilation may be installed in buildings. An initiative to relax the ban, supported by the Liberal-Radical Party, was rejected on June 11, 2010 by 66.07% of voters;
• Geneva: Cantonal popular initiative 129, entitled "Fumée passive et santé" (lit. French for "Passive smoking and health") and supported by CIPRET-Genève and the OxyRomandie association, was submitted on July 6, 2005, with 20,230 signatures. The initiative called for a ban on smoking in public establishments without the possibility of setting up a smoking room (following the Irish model). It was appealed to the Federal Supreme Court by the law firm defending Japan Tobacco International (JTI). After the Federal Court rejected the appeal on March 29, 2007, the Geneva initiative was put to the vote on February 24, 2008, and accepted by just under 80% of voters. While waiting for the Geneva Parliament to enact a law, the executive issued a transitional regulation to ban smoking in public places from July 1, 2008. However, this regulation was contested and challenged before the Federal Court, both by opponents and supporters of the ban. The latter criticized the regulation for containing too many exceptions (by authorizing, for example, smoking in so-called private places such as hotel rooms or prison cells), while the opponents of the ban demanded the right to smoke freely in smoking rooms or establishments reserved for smokers. In addition, they question the validity of the transitional regulation, given that it was promulgated by the executive rather than the legislative branch, which would be contrary to the separation of powers. On September 30, 2008, the Federal Court accepted this last argument: the provisional regulation, deemed unconstitutional, was annulled, and smoking was once again permitted in Geneva's public places. On January 22, 2009, the Grand Council promulgated a new law (K118), known as the "Law on banning smoking in public places (LIF)". This law was opposed by a request for a referendum, which obtained 12,000 signatures (7,000 signatures were required for a successful referendum in the canton of Geneva). On September 27, 2009, the population once again voted in favor of the smoking ban, this time by 81.7%. The law came into force in November 2009;
• Fribourg, Neuchâtel and Vaud: cantonal popular initiatives, entitled "Fumée passive et santé" (lit. French for "Passive smoking and health"), were launched in these cantons with the support of the Coalition romande contre la fumée passive (lit. French for "French-speaking coalition against passive smoking"), which was formed in December 2005 for this purpose, and the OxyRomandie association, whose aim is to combat passive smoking in French-speaking Switzerland. In 2009 and 2010, this resulted in a ban on smoking in all public places in these three cantons, including cafés and restaurants, except in smoking rooms that met certain conditions: they had to be properly ventilated and must not be places where people passed through; they were also forbidden to minors and must not offer services;
• Valais: On February 14, 2008, the Valais Grand Council approved a health law banning smoking in public establishments. The debates were stormy, but the law was eventually accepted by 75 votes to 31, with 9 abstentions. A referendum against the ban was rejected on November 30, 2008 by 80% of voters in the French-speaking part and 67% in the German-speaking part of the canton;
• Zurich: On September 28, 2008, the people of Zurich voted on an initiative by the Lung League to ban smoking in all enclosed public places, without exception. However, in the name of economic and individual freedoms, the Zurich government had decided to oppose this initiative with a counter-proposal that would have authorized operators to install separate, adequately ventilated rooms for smokers. In addition, establishments with fewer than 35 seats would only have to clearly indicate whether or not smoking was permitted. Zurich voters rejected the counter-proposal and approved the Lung League's initiative with 56.6% of the vote. However, the text remained relatively unrestrictive, since smoking rooms with service were authorized;
• Basel-Stadt: On September 28, 2008, 52.8% of Basel's population voted in favor of the Lung League's initiative to ban smoking in all public places. Several initiatives have been launched since then to reverse this ban, so far without success.

Tobacco advertising

Unlike other European countries, tobacco advertising is still very present in Switzerland, particularly at points of sale, discotheques and youth festivals. Advertising is regulated, but the legislation is not as strict as elsewhere.

Federal law

Tobacco product advertising is banned on radio and television (Article 10 of the Federal Law on Radio and Television), but remains authorized in newspapers and magazines, on billboards, in cinemas, on articles of daily consumption and at points of sale, as well as direct promotion and direct mailings aimed at adults. A large number of cultural events are sponsored by the tobacco industry, which takes advantage of the opportunity to carry out promotional operations (special cigarette packs for the event, for example). Many festivals are sponsored by the tobacco industry. Switzerland is the last European country, along with Belarus, to authorize tobacco industry sponsorship of events.

A bill to further restrict tobacco advertising is being considered, but it would not affect sponsorship operations. The advertising industry is opposed. Federal Councillor Alain Berset's proposal for a partial ban was rejected by the Council of States in June 2016, then by the National Council on December 8, 2016, despite 58% of the population declaring themselves in favor of a total ban, as practiced in France and Italy, for example.

Faced with the bill's lack of ambition, the "children without tobacco" initiative was launched in March 2018 to obtain a ban, for tobacco products, on "all forms of advertising that reach children and young people". It is supported by health and youth organizations and can be signed online as well as in doctors' offices and pharmacies. The ban would apply in particular to advertising in cinemas, on billboards and at points of sale. The initiative committee is chaired by Hans Stöckli. On August 26, 2020, the Federal Council proposed that Parliament recommend rejection of the initiative.

In September 2019, the Council of States proposed banning advertising in magazines and on the internet, as well as tobacco industry sponsorship of international events or events organized by the Confederation, cantons or municipalities. Under this proposal, advertising in cinemas, on everyday consumer goods, at points of sale and by direct mail to adults would remain authorized. The "Tobacco-Free Kids" initiative was scheduled to be put to the vote on February 13, 2022.

Cantonal laws

Some cantons impose additional restrictions on tobacco advertising, particularly with regard to public signs and signs visible from the public domain. The Canton of Vaud, for example, has a more restrictive law: the Advertising Act prohibits tobacco advertising in the public domain and on private property visible from the public domain. A small number of cantons also ban cinema advertising (Geneva, Obwalden, St. Gallen, Solothurn and Valais) and sponsorship activities (Solothurn and Valais).

Tobacco sale age

By 2021, fifteen cantons will have banned the sale of tobacco products to minors under the age of 18, nine other cantons have set the limit at 16 and two cantons have no limit.

Taxation

Taxation is governed by the Federal Tobacco Tax Act (fr: Loi fédérale sur l'imposition du tabac; de: Bundesgesetz über die Tabakbesteuerung; it: Legge sull’imposizione del tabacco) Conventional cigarettes are taxed at 54%; other tobacco products are taxed at a lower rate, including heated tobacco at 12%.

See also

• WHO Framework Convention on Tobacco Control
• Medicine portal

• List of smoking bans
• Smoking in France
• Smoking in Germany
• Nicotine marketing
• Smoking
• Passive smoking
• Smoking ban

References

Legal foundations

• Federal Act on Protection against Passive Smoking / Loi fédérale sur la protection contre le tabagisme passif of 03-10-2008, SR/RS 818.31 ^(E·D·F·I)
• Federal Law on Foodstuffs and Everyday Objects / Loi fédérale sur les denrées alimentaires et les objets usuels (LDAI) of 09-10-1992, SR/RS 817.0 ^(E·D·F·I)Still valid on a transitional basis, pending the future federal law on tobacco products and electronic cigarettes (LPTab).
• Federal Tobacco Tax Act / Loi fédérale sur l'imposition du tabac (LTAB) of 21-03-1969, SR/RS 641.31 ^(E·D·F·I)