Trade association opposes possible tobacco advertising ban

Originally, the Federal Council wanted to take certain advertising restrictions into account when drafting the new Tobacco Act. For example, tobacco products would no longer have been allowed to be advertised on the Internet and in free newspapers. The corresponding advertisements would also no longer have been allowed to be placed in the immediate vicinity of sweets at points of sale, for example - products that are particularly appealing to children and young people.

At the end of 2018, however, the government gave in to the demands of the conservatives and business associations and refrained from imposing further restrictions on advertising and sponsorship (Werbewoche.ch reported). The "Tobacco Advertising No" alliance - consisting of 87 organizations from all over Switzerland - harshly criticized the Federal Council's decision and described it as "despondent". 

However, the Federal Council already pointed out in November 2018, when it made the decision, that the law in this form was not compatible with the World Health Organization (WHO) Tobacco Convention. As CH Media / the Aargauer Zeitung writes, Switzerland signed this international treaty back in 2004, but has not yet acceded to it. This is in stark contrast to most other countries: Their 180 and the EU have since ratified the treaty.

Like CH Media writes, the Health Committee of the Council of States is expected to take up the matter on Thursday. Their aim: to make the law WHO-compatible after all. A report by the Federal Office of Public Health serves as the basis for this. This shows how the law would have to be adapted so that it at least meets the minimum requirements of the WHO. The FOPH proposes a catalog of measures that is reminiscent of the original version of the law, which was later revoked by the Federal Council. For example, not only promotional measures such as price discounts are to be banned, but also tobacco advertising in newspapers, magazines and on the Internet. Sponsorship of international events is also to be restricted.

This would mean that advertising restrictions would go much further than is the case today - and should continue to be in future, according to the Federal Council. Tobacco advertising is prohibited on television and radio and may not be aimed directly at young people. More far-reaching bans - such as poster or cinema advertising - are regulated differently from canton to canton.

The fact that the further-reaching tobacco advertising bans could now be introduced "through the back door" is a source of irritation for the trade association. According to CH Media, in a letter to the members of the Council of States committee, it describes the planned ratification as "extremely sensitive in terms of state policy". The association refers to an opinion commissioned from Urs Saxer, an expert in international and constitutional law at the University of Zurich. According to Saxer, there could be a conflict between the economic freedom enshrined in the Federal Constitution and the complete ban on advertising and sponsorship envisaged by the WHO. Saxer also points out that the provisions of the convention do not have to be implemented in full if there is a conflict with the constitution - various countries make use of this. Points that are completely ignored by the FOPH.

Whatever the Council of States committee decides: In the end, the people will probably have the final say at the ballot box anyway. In spring 2018, the Alliance of Health Organizations launched the popular initiative "Yes to protecting children and young people from tobacco advertising". The aim of the initiators is to ensure that children and young people are no longer exposed to tobacco advertising in public spaces in the future, which is almost tantamount to a complete ban (exceptions would be places and events to which minors are explicitly not permitted). 

The required 100,000 signatures should soon be collected: Were it Mid-April 2019 still 80,000According to co-initiator and SP Councillor of States Hans Stöckli, there are already 92,000 signatures, and there is time until September to collect the remaining 8,000. The initiators are counting on a timely submission - and good chances at the ballot box: according to surveys, large sections of the population are said to be in favor of a ban on tobacco advertising.