Background and objectives of the revision

The current legislation of tobacco products in Switzerland is complicated and dispersed throughout several acts and ordinances. Moreover, the current Swiss tobacco legislation only applies to tobacco-based products. Products without tobacco (e.g., e-cigarettes, snus, etc.) are considered articles for human contact under the foodstuffs and utility articles legislation. In addition, there are no minimum age and advertising restrictions on a federal level, but they are regulated differently from canton to canton. 

With a new TPL and a revised TPO, the Swiss legislator intended to create uniform regulations for tobacco products throughout Switzerland and to put the abovementioned tobacco-free alternative products on an equal footing with conventional tobacco products. For traditional tobacco products (i.e., cigarettes, cigars, etc.), little will change in the existing regulations in principle. The new legislation entered into force today, i.e. on 1 October 2024.

Scope of application of the new legislation

According to its Article 2, paragraph 1, the TPL applies to tobacco products and e-cigarettes. In accordance with its Article 3, the TPL explicitly covers the following subcategories: (i) tobacco products for smoking; (ii) tobacco products for heating; (iii) tobacco products for oral use or snuffing; (iv) herbal smoking products; (v) nicotine-containing e-cigarettes; and (vi) nicotine-free e-cigarettes.

Furthermore, similar products can be assigned to one of the subcategories in accordance with Article 4, ensuring that (future) novel products can also be included in the scope of the new legislation. The aim is to prevent the legislator from lagging behind the latest developments, as was the case with e-cigarettes in particular until now.

Consequently, the TPL's scope of application includes not only products for smoking and heating containing tobacco, but also products containing nicotine for oral use (e.g., snus), herbal smoking products (e.g., CBD cigarettes) and e-cigarettes (whereby e-cigarettes both with and without nicotine are covered). The advertising restrictions in the TPL also apply to articles of daily use that form a functional unit with the tobacco product, such as cigarette paper or cigarette filters.

Composition and packaging of the products

In the previous version of the TPO, additives were regulated in a positive list, meaning that all permitted substances and their maximum quantities are prescribed. In the new TPO, this approach has been changed: It contains a list of prohibited additives and the maximum permitted quantities for each product.

The packaging of tobacco products and e-cigarettes must include the mandatory information so that consumers are informed about the health risks. According to Article 10, paragraphs 1 and 2 TPL, the following information must be included on the packaging: (i) the product name; (ii) the company name or the reverse number of the domestic manufacturer or importer; (iii) the country of production; (iv) the health warnings (these vary depending on the product — see Article 13 and Article 14 TPL); and (v) the nicotine content in milligrams per milliliter for nicotine-containing liquids.

There are also specific requirements for e-cigarettes and tobacco products for heating: Containers with nicotine-containing liquids must be childproof and shatterproof and have a leakproof mechanism for refilling (cf. Article 16 TPL). 

The TPL establishes specific requirements for the design of the mandatory information. For example, certain warnings for different products, e.g., "Smoking is deadly — stop now" must be affixed to the packaging in a specific design and size (see Article 13 et seqq. TPL).

More detailed regulations regarding the form and language of the information can be found in the ordinance (Article 8 et seq. and Annex 1, No. 1 TPO). For example, the mandatory information (with the exception of the health warnings) in accordance with Article 10 TPL must be listed in at least one official language (see Article 11, paragraph 1 TPO). The health warnings (as well as the product information according to Article 17 TPL) must be listed in all official languages, in the following order: German, French, Italian (see Article 11, paragraph 2 and Article 12 TPO).

While the new packaging rules will apply in principle as of 1 October 2024, there will be a one-year transition period as of the entry into force of the law and ordinance. During this transition period, products can still be manufactured and imported if they comply with the current packaging rules. After this transition period ends, the remaining stocks may be sold off, but new products must be manufactured and imported in compliance with the new legislation (see Article 50 TPL and Article 49 TPO).

Protection of minors

To date, there has been no federal legislation restricting the sale of tobacco products to children and adolescents. Any bans on sales to children and adolescents are based on cantonal legislation. Accordingly, so far, the sale of tobacco products to persons under the age of 18 was legal unless there was a corresponding cantonal regulation, which is not the case in only two cantons. However, numerous resellers of tobacco products voluntarily undertook not to sell tobacco products and other nicotine-containing products to minors.

As already mentioned, the aim of the new legislation is, in particular, to protect minors from the risks associated with the consumption of tobacco products and e-cigarettes. Accordingly, the TPL regulates sales to minors (Article 23 TPL) and test purchases for the purpose of checking compliance with age restrictions (Articles 24 TPL). These provisions entered into force on 1 October 2024. No transition period applies. 

Advertising of tobacco products

The new TPL contains certain restrictions on the advertising of tobacco products aimed, in particular, at protecting children and young adults (Article 18 et seqq. TPL). These restrictions entered into force on 1 October 2024. No transition period applies. The following table provides an overview of the most important changes (based on a fact sheet published by the federal government):

Further restrictions will be adopted in the context of implementing the popular initiative "Yes to the protection of children and young people from tobacco advertising," which the Swiss electorate accepted in 2022. However, the draft revision published by the Federal Council is still being debated in parliament (see further information here). 

We want to thank Alice Keles, Trainee Lawyer at BakerMcKenzie, for her collaboration with this alert.