Tobacco and manufactured tobacco substitutes; products, whether or not containing nicotine, intended for inhalation without combustion; other nicotine containing products intended for the intake of nicotine into the human body (HS Code: 24)

Projet d'Ordonnance sur les produits du tabac et les cigarettes électroniques (OPTab) (Draft Ordinance on tobacco products and electronic cigarettes (OPTab)); (9 pages, in French, German and Italian)

Pursuant to the adoption of the popular initiative "Yes to protecting children and young adults from tobacco advertising (No tobacco ads for children and young adults)", the Swiss Parliament introduced additional restrictions into the Tobacco Products Law (LPTab) concerning advertising and the promotion of and sponsorship by tobacco products and electronic cigarettes. The revised Law prohibits advertising in the press, with the exception of advertisements placed in publications sold mostly by subscription and whose readership is at least 98% adults. The notified draft ordinance requires those who disseminate such advertisements to keep certain information on file for three years, in the event of possible checks by the relevant cantonal authority. These documents must prove that the criteria set forth in the Ordinance were met. The notified draft lists indicative criteria for determining whether an advertisement, disseminated on the Internet, is considered to be targeting the Swiss market.

The draft sets out the requirements that mandatory age verification systems must meet for sales on the Internet or via vending machines, as well as for disseminating advertisements on the Internet. It also sets the fees that the Federal Office of Public Health may collect for its new task of monitoring restrictions on advertising on the Internet and compliance with age verification system requirements. Lastly, the draft proposes amendments based on lessons learned since 1 October 2024 in the framework of the implementation of OPTab. For example, it provides clarification regarding the size of the warning about carcinogenic substances: it must cover at least 50% of one of the lateral surfaces of the packaging.