Communication Switzerland rejects popular initiative against tobacco advertising
According to KS/CS Kommunikation Schweiz, the popular initiative «Yes to Protecting Children and Adolescents from Tobacco Advertising» goes far beyond its intended goal. At the same time, the umbrella organization for commercial communication rejects the second preliminary draft of the new Tobacco Products Act and opposes further advertising restrictions.
In its objectives, KS/CS Kommunikation Schweiz agrees with the initiative "Yes to protecting children and young people from tobacco advertising". The protection of children and young people is undoubtedly the first priority, it said in a statement. The umbrella organization of commercial communications 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.
The umbrella organization for commercial communication rejects further advertising restrictions as not being effective. "They overshoot the mark and open the door to additional bans - for example on foods containing fat, sugar and salt," writes the association.
In an already highly regulated market, new advertising bans offer no guarantee that fewer young people will take up cigarettes, writes KS/CS Kommunikation Schweiz. The fact that the initiative ignores the ongoing parliamentary deliberations on the new Tobacco Products Act also shows "little democratic understanding on the part of the initiators.
"Advertising can't be stopped by cantonal borders".
In 2016, when discussing the first draft of the new Tobacco Products Act (TabPG), Parliament clearly stated that a new proposal should not contain any further advertising restrictions, writes KS/CS Kommunikation SChweiz. Incomprehensibly, the Federal Council has nevertheless integrated new advertising bans in the second preliminary draft. The association therefore demands that the corresponding Article 17 para. 2 be deleted without replacement.
The same applies to Article 19, which is intended to give the cantons the authority to enact stricter advertising regulations on their own. This not only reverses the will of parliament into its opposite, but also endangers legal certainty, legal uniformity and equal treatment. "By its very nature, commercial communication does not respect cantonal borders," the statement says.
Self-regulation goes beyond legal requirements
As part of its self-regulation, the tobacco industry took measures years ago that go far beyond the legal requirements, the umbrella organization argues. Many of these, such as the size of the warnings on the packets, are now perceived by a large proportion of consumers as legal requirements. This shows that self-regulation is effective. Against this background, it makes no sense to cement the corresponding guidelines in a law, says KS/CS Communication Switzerland. Especially since 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. (pd/red)
