The new Tobacco Products Act (TabPG) and the Tobacco Products Ordinance (TabPV) came into force on 1 October 2024. One of the aims of the introduction was to strengthen the protection of minors. You can find out here what impact this has on advertising with tobacco products.
Initial situation
The aim of introducing the new regulations is to protect the population from the harmful effects of consuming tobacco products and electronic cigarettes, and in particular to prevent minors from consuming and coming into contact with these products. The new Tobacco Products Act (TabPG) also introduces new regulations for electronic cigarettes, tobacco products for heating and tobacco products for oral use. Furthermore, the TabPG takes over the complete ban on advertising aimed at minors from the former Tobacco Ordinance (TabV) (Art. 18 aTabV). In the new Art. 18 TabPG, websites aimed at minors are also listed as a place where tobacco products may not be advertised.
Adoption of “YES to the protection of children and young people from tobacco advertising”
The popular initiative “Yes to protecting children and young people from tobacco advertising (children and young people without tobacco advertising)” calls for a ban on all tobacco advertising that could reach minors. To achieve this, advertising, sales promotion and sponsorship should be further restricted. The initiative was approved by the people and cantons on 13 February 2022.
How the advertising restriction will be implemented in practice is explained below.
Implementation of the advertising restriction
The new Tobacco Products Act improves the protection of minors by restricting advertising. In principle, advertising is to be prohibited in all places where minors can be reached. The law prohibits posters on public or private property if they are visible from public property. Poster advertising is also no longer permitted in other places, such as on public transport, in cinemas or on sports grounds. However, advertising is still possible at the point of sale and can still reach children and young people. This will no longer be the case once the revised text of the law based on the adopted popular initiative comes into force. The cantons can continue to enact stricter laws in the area of advertising.
In addition, advertising on the internet and in all electronic and social media as well as apps that could reach minors is also prohibited. This ban can be waived if an age control system only allows access for adults. As a result, companies are obliged to take appropriate measures to ensure that advertising is not seen by minors. According to the Federal Council’s dispatch, this advertising restriction also includes communication by influencers. However, this is based on the commercial purpose and whether a financial consideration was received. However, if a company only wants to sell its products on the internet and publishes a picture with a product description, this is solely for information purposes and is not categorised as advertising.
As soon as the law revised on the basis of the popular initiative comes into force, advertising on the Internet will be completely prohibited. In its explanatory report on the partial revision, the Federal Council mentions that a solution involving the advertising of tobacco products on websites or applications that provide for an age check was considered, but was found to be insufficient. Online press products usually allow the simultaneous use of an account on several devices, so that an age check could be completed by a parent or another adult and a minor would still have access to this user account and the content of the online service. It was therefore decided that no adverts for tobacco products may be placed on Swiss websites, as it cannot be ruled out with sufficient certainty that they will be seen by minors.
In accordance with Art. 35 para. 1 and Art. 31 para. 1 TabPG, the cantons are responsible for enforcing the new law and are supervised by the Federal Office of Public Health (FOPH).
For the future
Advertising for products covered by the new Tobacco Products Act and the new Tobacco Ordinance was already very restricted in the past and will now be restricted even further with the future entry into force of the revised legal text. Advertising via posters will no longer be possible, commercials in cinemas will be banned throughout Switzerland and sponsorship of events will no longer be possible. In addition, advertising in print and online media is no longer permitted. Advertising on websites will also be completely banned. Any advertising can now only be placed on the product itself or at events that are guaranteed not to be attended by minors, such as club events, where minors are denied entry even if accompanied by a parent or guardian.
Sources
- Dispatch on the partial revision of the Federal Act on Tobacco Products and Electronic Cigarettes (Tobacco Products Act, TabPG)
- Dispatch on the Federal Act on Tobacco Products and Electronic Cigarettes (Tobacco Products Act, TabPG)
- Explanatory report on the partial revision of the Federal Act on Tobacco Products and Electronic Cigarettes (Tobacco Products Act, TabPG)
- Federal Act on Tobacco Products and Electronic Cigarettes (Tobacco Products Act, TabPG)
- Ordinance on Tobacco Products and Electronic Cigarettes (Tobacco Products Ordinance, TabPV)