The disposable VAPES, disposables or
disposable e-cigarettes
have conquered Switzerland in 2022. Are the products legal in Switzerland? The answer is yes. Nevertheless, there are some points to consider. The program Kassensturz has reported several times about disposable e-cigarettes because disposable e-cigarettes are controversial due to environmental pollution, controversial ingredients in some brands and the lack of protection for minors.
Currently, e-cigarettes in Switzerland are regulated under the Foodstuffs Act in the articles of daily use. In our opinion, VAPES have very little to do with tableware. Based on a 2018 federal court ruling, e-cigarettes containing nicotine may be sold in Switzerland. This only applies if the corresponding product is already legally on the market in the EU or in an EEA state. The so-called Cassis de Dijon principle is already being applied to other product groups. To this end, the Federal Council referred the dispatch on the Tobacco Products Act to parliament on November 30, 2018. Once this law takes effect, e-cigarettes would then be considered tobacco products and no longer commodities (food regulation). They would be subject to the same restrictions as conventional cigarettes.
Today, the federal law on protection from secondhand smoke does not include e-cigarettes. In the new Swiss Tobacco Products Act, e-cigarettes are to be placed on an equal footing with tobacco products.
In Switzerland, there are currently no legal requirements at federal level for the sale of e-cigarettes to protect minors. Specifically, the dispensing age for e-cigarettes is not regulated, nor are there any advertising restrictions. Today, the federal law on protection from secondhand smoke also does not include e-cigarettes. In order to close this legal gap in the area of youth protection, the FSVO has held talks with representatives of the e-cigarette industry. This results in two rules of conduct for the dispensing age and advertising restrictions. The members of the Swiss Tobacco Products Trade Association as well as the Swiss Vape Trade Association (SVTA) and independent market participants committed themselves to comply with these rules of conduct until the new Tobacco Products Act enters into force. We at planetas.ch also strictly adhere to these self-imposed industry rules. The jointly declared goal is a significant improvement in the protection of minors with regard to the dispensing age and advertising restrictions. Since 2018, some cantons have started to regulate e-cigarettes as well as other products such as tobacco-free nicotine products. The cantons BS, BL, BE, FR, GE, JU, NE, OW, VS have already enacted cantonal laws to improve the protection of minors. In the new Tobacco Products Act, e-cigarettes are to be regulated for all cantons. It is planned to introduce a ban on dispensing to minors throughout Switzerland.
