After years of negotiations and especially of waiting, Switzerland could well discover the concept of "free vape". Indeed, the Federal Parliament has just submitted to the Federal Council its second draft law on tobacco products in which electronic cigarettes are also regulated.
REGULATIONS THAT COULD ADVANCE THE SITUATION OF VAPOTAGE
The main problem in Switzerland is nicotine! At present, the sale of e-liquids with nicotine is prohibited in the country and the right to import nicotine e-liquids is limited to 150ml per order. If the electronic cigarette market has been booming for years, the Swiss people cannot benefit from it without having to use stratagems bordering on legality (creation of a club with a laboratory, black market, etc.).
Thanks to this bill, the electronic cigarette could for the first time be the subject of specific regulations in Switzerland. Because if the Swiss took the time, they decided not to follow the example of the European Union by showing pragmatism. Indeed, it is a liberal solution and adapted to the risk of a relatively new consumer good that has been adopted. The legislator did not hesitate to admit the fact that vaping is a real alternative to smoking, moreover, the protection of consumers' health was an important factor in the preparation of the law.
PROPOSED DRAFT LAW ON HEALTH, ADVERTISING AND RESTRICTION TO MINORS
Regarding the health aspect, the sale of nicotine e-liquids should therefore be authorized in Switzerland for bottles not exceeding 100ml and with a maximum nicotine level set at 20mg / ml. Regarding the composition, the law requires that the nicotine liquid is of high purity. To ensure good product quality, parliament follows Directive 2014/40 / EU on tobacco products. In addition, there is a duty of self-control by vaping players before a product is placed on the market, as well as an obligation to notify the authorities (OFSP) of any new product placed on the market. Warnings must also appear on the packaging of e-liquids with nicotine.
Clearly, Switzerland would adopt flexible legislation modeled on the European Tobacco Directive. Limiting nicotine e-liquids to 100ml maximum proves that Switzerland has understood the value of vaping.
Regarding advertising, the Swiss draft law imposes fairly significant restrictions. Although e-liquids without nicotine remain governed by the law on foodstuffs, the provisions of the preliminary draft concerning advertising and the protection of minors also apply. The Swiss legislator indeed considers that the advertising of one of the two products will undoubtedly have an advertising effect on the other, which is why it has chosen to apply the advertising restriction both to e-liquids with and without nicotine. The advertising restrictions in the bill are designed specifically to protect minors.
Advertising is authorized on the Internet only on paid sites which are not aimed directly at minors or whose access is reserved for adults. In points of sale, advertising must not be near sweets and must be more than 1,2m high. Advertising of e-liquid with nicotine must also be accompanied by a warning. However, the last word goes to the cantons, which remains competent in the field and can set more restrictive rules.
Finally, the draft bill should protect minors. Parliament has set the age limit at 18. Any sale or delivery of electronic cigarettes with or without nicotine to minors is therefore prohibited. This prohibition must be indicated in a visible and legible manner inside the point of sale. The cantonal authority can carry out test purchases made by minors in order to ensure the control of compliance with the prohibition on sales to minors.
ON THE ROAD TO THE FREE VAPE IN SWITZERLAND!
If this draft law is good news for the vaping world in Switzerland, it must still be adopted. If this were the case, the country would finally have access to nicotine e-liquids and it would be a small revolution! All is not rosy but the Federal Parliament seems to have made strong choices to promote a kind of “free vape” in a country where tobacco is nevertheless a state religion.
