If you study the overview of the planned changes to the Federal Act on Tobacco Products and Electronic Cigarettes, various other points stand out. For example, according to the Council of States, it should no longer be permitted in future to give away free samples to promote tobacco products. Sponsorship of international events by the tobacco industry is also to be banned.
Lex Philip Morris
Specifically, the Council of States wants to write into law that events and activities organized by the federal government, cantons and municipalities may not be sponsored by the tobacco industry. Foreign Minister Ignazio Cassis was recently criticized because a cigarette manufacturer was scheduled to sponsor Switzerland's appearance at Expo 2020 in Dubai. In the end, the Department of Foreign Affairs renounced the money from the tobacco multinational.
With its decisions, the Council of States goes further than the current law and the Federal Council. Today, advertising for tobacco products is only prohibited on radio and television. It is also forbidden to advertise harmful products that are specifically aimed at young people. The free distribution of advertising products to young people is also prohibited. All these bans are currently regulated in the Federal Foodstuffs Act and will be integrated into the new Tobacco Products Act in future.
A little more business-friendly
An initial tightening of the rules on tobacco products failed in parliament three years ago. At that time, the Federal Council proposed further regulations for the cigarette lobby in addition to the measures now approved by the Council of States, such as a ban on poster advertising or commercials in cinemas. Various cantons already have such bans, but at federal level the issue is off the table for the time being.
Discounts on tobacco products are to remain partially permitted. Direct sales by hostesses, mass mailings to adults, advertising at points of sale and on consumer goods as well as the sponsoring of national events are also still legal. The latter is currently only prohibited in the cantons of Solothurn and Valais.
Finally, the new Tobacco Products Act ensures that the tobacco industry is obliged to declare its advertising expenditure and to label permitted advertising with a warning. Today, this is voluntary.
Initiative in the neck
In the overall vote on Thursday, the bill received a clear majority of 32 votes to 3 with 5 abstentions in the Council of States. The matter now goes to the National Council. The broad support in the small chamber is at least an indication that the law, which has been revised by the Federal Council and further tightened by the Council of States, could also find favor there.
The majority in the small chamber praised the clear focus on the protection of minors. This was not the case in the first draft, according to the conservative forces in the Council of States. They had referred the matter back to the Federal Council in December 2016.
The recently submitted popular initiative "Yes to protecting children and young people from tobacco advertising" is also likely to have had an impact. The petition for a referendum, which is supported by the Council's Left Party, calls for a ban on all advertising that can reach minors.
WHO requirements fulfilled
In the Council of States, the classic compromise prevailed. This had been worked out by the Health Committee, which had advised the Council in advance. Both isolated demands for more self-regulation of the tobacco industry and even more far-reaching bans on the cigarette industry failed to gain a majority in the plenary session.
Commission spokesperson Joachim Eder (FDP/ZG) said that the amendments created the conditions for ratifying the World Health Organization (WHO) Framework Convention on Tobacco Control. "The doors are now wide open." Due to the lack of restrictions on advertising and sponsorship, Switzerland has not yet been able to ratify the convention.
Effective protection of children and young people and compliance with the minimum requirements of the Convention are the top priority for the majority, said Eder. The new law would also make an effective contribution to reducing healthcare costs.
Calls for more expensive e-cigarettes
E-cigarettes are also being targeted. According to the Council of States, these - whether nicotine-free or containing nicotine - should be subject to the Tobacco Products Act. The small chamber also wants to tax such products. The National Council also still has to decide on a corresponding motion.
The lower risk profile should be taken into account with a lower rate than for conventional cigarettes, as stated in the explanatory memorandum to the motion. E-cigarettes are currently exempt from taxation due to a parliamentary resolution, as they are an aid to quitting tobacco addiction.
As the issue had not been the subject of the consultation, the committee had decided not to include a provision in the law, said Councillor of States Eder on behalf of the committee. The Federal Council agrees with the request. (SDA)