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 (Werbewoche.ch reported).
According to the Federal Council's draft, the current law on advertising restrictions is to 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.
Ban in the press and internet
The Health Committee of the Council of States is now unanimously proposing an additional ban on tobacco advertisements in newspapers and magazines as well as advertising on the Internet, as it announced on Tuesday. 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 (Werbewoche.ch reported).
Compliant with WHO agreement
The SGK writes that its amendments create the conditions for ratifying the World Health Organization's (WHO) Framework Convention on Tobacco Control. 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 its top priority, writes the Commission. With a view to the Convention, the Commission 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.
Lex Expo Dubai
The SGK also wants to write into law that events and activities organized by the Confederation, cantons and municipalities may not be sponsored by the tobacco industry. This was decided by 10 votes to 3.
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.
Popular initiative pending
In the overall vote, the committee approved the bill by 11 votes to 0 with 2 abstentions. The Council of States is expected to deal with it in the fall session. The advertising bans are likely to be at the center of the debate. In the consultation process, the SVP and the FDP as well as business organizations had spoken out against further restrictions.
A minority of the Commission, on the other hand, wants a ban on all advertising that can reach minors. This provision would fulfill the main objective of the popular initiative "Yes to the protection of children and young people from tobacco advertising". It was recently announced that the initiative will be passed (Werbewoche.ch reported).
No cigarettes for under 18s
The sale of tobacco products and electronic cigarettes to minors is to be banned throughout Switzerland under the new law. The committee voted in favor without a countermotion. Today, an age limit of 16 applies in some cantons. Three cantons have no age limit.
The Commission also welcomes the Federal Council's proposed regulation of e-cigarettes and tobacco products such as snus. All e-cigarettes - whether nicotine-free or containing nicotine - should be subject to the Tobacco Products Act.
No vaping in non-smoking areas
The packaging must be labeled with warnings. E-cigarettes and tobacco products for heating, the vapor of which is inhaled, are subject to legal protection against passive smoking: Where smoking is prohibited, vaping is also prohibited. The Commission agreed to this by 7 votes to 2 with 1 abstention.
If the Council of States Committee has its way, e-cigarettes should be taxed in future. With a motion, the SGK wants to instruct the Federal Council to create the legal basis for this. As the topic was not the subject of the consultation process, it has decided not to include a provision in the law, writes the committee. (SDA/hae)