Vaping in Switzerland: market and regulation

2021-08-03T15:42:35+02:00 August 3rd, 2021|Authorities, Regulations|0 Comments
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Switzerland could be considered a potential new market for vaping mainly thanks to an interesting regulatory landscape.

The vaping market

In Switzerland, compared to a population over 19 years of just under 7.4 million, there are over 100,000 vapers, who show a preference for open systems. The market has been expanding continuously since 2015 and is now estimated to be around € 38 million.

Vaping regulation: the state of the art

Electronic cigarettes (including cartridges and liquids) are currently regulated as objects of use: not being part of the European Union, in fact, the country regulates the tobacco market with its own legislation that is completely independent from TPD.
The applicable Swiss legislation does not authorize the placing on the market of electronic cigarettes containing nicotine. The import for private purposes is, however, authorized.

However, a 2018 Federal Administrative Court ruling authorizes the marketing in Switzerland of nicotine-containing e-cigarettes from the EU or the EEA, provided that they meet the technical requirements of an EU or EEA member state and are legally compliant. circulation in one of these states. These products can therefore also be marketed and sold in Switzerland, as long as they comply with European law.

LPTab: the new bill

A new bill on tobacco products is currently being evaluated (Federal Law on Tobacco Products and Electronic Cigarettes LPTab, initially approved by the Council of States in 2019) which aims to equate electronic cigarettes with products for tobacco. After the entry into force of the law, therefore, electronic cigarettes will no longer be considered objects of use.

The new law should be voted in Parliament by the end of 2020 and enter into force no earlier than mid-2022. The last discussion of the bill was held in June 2021: an important element of discussion was represented by the restrictions on advertising, which the LPTab was urged to regulate.

Advertising of tobacco and related products

In fact, in 2019, a popular initiative supported by the signatures of over 100,000 citizens called for a ban on all forms of tobacco advertising aimed at children and young people. In December of the same year, the Federal Council recommended rejecting the initiative which, in its opinion, goes too far, suggesting instead that the LPTab provides the basis for further tightening, but less radical than those proposed by the initiative.