In the first part of its deliberations on the Federal Act on Tobacco Products and Electronic Cigarettes on Tuesday, the small chamber fully followed the lead of its preliminary deliberations in the Health Committee. This is a compromise on the Federal Council's proposals, which the National Council will then have to decide on.
Template with a long history
The first attempt at a new Tobacco Products Act failed due to advertising bans: Parliament rejected the law in 2016. At the second attempt, the Federal Council initially also envisaged advertising restrictions. However, following criticism during the consultation process, it removed these.
According to the Federal Council's draft, the current law on advertising restrictions should remain in place. There is currently a ban on tobacco advertising on radio and television. Advertising for tobacco products aimed specifically at young people is also prohibited.
No ban on billboard advertising
The Council of States is now proposing an additional ban on tobacco advertisements in newspapers and magazines as well as advertising on the Internet. Tobacco sponsorship of international events is also to be banned.
The law that failed in 2016 also provided for both. However, there were also plans at the time to ban billboard advertising for tobacco products and commercials in cinemas throughout Switzerland. Both are already banned in some cantons, but permitted in others.
WHO-compliant rules
Councillor of States Joachim Eder (FDP/ZG) said on behalf of the Commission that the amendments created the conditions for ratifying the World Health Organization (WHO) Framework Convention on Tobacco Control. "The doors would thus be 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. With a view to the Convention, the Council of States also wants to ban sales promotion through the free distribution of tobacco products. It wants to oblige the tobacco industry to disclose expenditure on advertising, sales promotion and sponsorship.
Stricter sponsorship regulations
The Council of States also 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. This decision was taken by 23 votes to 19.
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.
Hardly any fundamental resistance
On Tuesday, there were only a few sporadic references to an "attack on the free market economy" from the conservative representatives. This argument still stood out in the debate three years ago and led to the temporary collapse of the bill.
There is now a broad consensus that the new law should raise the barriers to tobacco advertising so that young people do not start smoking. It would also make an effective contribution to reducing healthcare costs, said Commission spokesperson Eder.
Initiative wants to go further
According to a recent study by the ZHAW, tobacco consumption in Switzerland leads to medical costs amounting to CHF 3 billion. This corresponds to 4 percent of total healthcare expenditure. Production losses due to tobacco consumption amount to a further 2 billion.
As in 2016, the Left Party unsuccessfully pushed for stricter rules. It called for a ban on all advertising that could reach minors. This provision would fulfill the main objective of the popular initiative "Yes to protecting children and young people from tobacco advertising", which was submitted last week with 113,500 signatures.
Sales ban still under discussion
Further chapters of the bill and the overall vote are expected to take place in the third week of the session. This will include a ban on the sale of tobacco products and electronic cigarettes to minors. Some cantons currently have an age limit of 16. Three cantons have no age limit.
The Federal Council's proposed regulation of e-cigarettes and tobacco products such as snus will also be a topic of discussion. All e-cigarettes - whether nicotine-free or containing nicotine - are to be subject to the Tobacco Products Act. (SDA)