KS/CS Communication Switzerland rejects popular initiative "Yes to the protection of children and young people from tobacco advertising"

KS/CS Communication Switzerland* agrees with the "Yes to protecting children and young people from tobacco advertising" initiative in terms of its objectives, the association said in a recent press release. The protection of children and young people is undoubtedly a top priority. The umbrella organization for commercial communication therefore supports both the minimum age of 18 for the purchase of tobacco products by young people and the ban on tobacco advertising to minors. However, the umbrella organization for commercial communication rejects further advertising restrictions as not being expedient. They would overshoot the mark and open the door to additional bans - for example on foods containing fat, sugar and salt - and in an already heavily regulated market, new advertising bans would offer no guarantee that fewer young people would turn to cigarettes. The fact that the initiative ignores the ongoing parliamentary deliberations on the new Tobacco Products Act also shows a lack of democratic understanding on the part of the initiators, in the opinion of KS/CS Communication Switzerland.Advertising cannot be stopped by cantonal bordersWhen discussing the first draft of the new Tobacco Products Act (TabPA) in 2016, Parliament clearly stated that a new proposal should not contain any further advertising restrictions. Inexplicably, the Federal Council nevertheless integrated new advertising bans into the second preliminary draft. KS/CS Kommunikation Schweiz is therefore calling for the corresponding Article 17 para. 2 to be deleted without replacement, as well as Article 19, which would give the cantons the authority to issue stricter advertising regulations on their own. This not only reverses the will of Parliament, but also jeopardizes legal certainty, legal uniformity and equal treatment. By its very nature, commercial communication does not respect cantonal borders.Self-regulation goes far beyond the legal requirementsAs part of its self-regulation, the tobacco industry took measures years ago that go far beyond the legal requirements. Many of these measures, such as the size of the warnings on packs, are now perceived by the majority of consumers as legal requirements. This shows that this self-regulation is effective. Against this background, it makes no sense to cement the relevant guidelines in a law. Especially as the Federal Council, like the EU and the OECD, is promoting self-regulation and out-of-court dispute resolution in view of the overburdened courts.*KS Kommunikation Schweiz is the umbrella organization for commercial communication. It represents the interests of advertising clients, contractors and media companies as well as advertising agencies and thus represents almost 22,000 employees in Switzerland with an annual turnover of around CHF 7.2 billion. At a political level, KS/CS strives for liberal legislation. As a founder and founding member of the independent Swiss Commission for Fair Advertising, it is committed to ensuring that advertising is lawful, truthful and non-discriminatory. KS/CS is also committed to training and further education in the sector and conducts the relevant federal professional examinations on behalf of the Confederation.