Legislation
When it comes to legislation on tobacco products and nicotine products, Switzerland has fewer regulatory measures in place than most European countries. Many countries have, in fact, introduced strict measures, such as comprehensive advertising bans, plain packaging, high taxes, or enhanced protections for minors. Switzerland thus remains one of the few countries that has still not ratified the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC), even though it signed it in 2004.
What does the law say?
The Federal Act on Tobacco Products and Electronic Cigarettes (LPTab) took effect on October1, 2024. It has three main objectives:
- to protect people from the harmful effects of tobacco products and nicotine products,
- prevent minors from consuming these products,
- reduce overall consumption of these same products.
The law prohibits the supply of tobacco products (cigarettes, cigars, heated tobacco, snuff, snus, etc.) and nicotine products (electronic cigarettes / e-cigarettes, nicotine pouches) to minors. This ban applies to stores, online sales, and vending machines. The minimum age for the sale of tobacco products and nicotine products is set at 18 years old throughout Switzerland. Every point of sale must display this ban in a visible and legible manner.
Advertisement
Currently, advertising for tobacco and nicotine products is prohibited on anything directly aimed at minors—that is, on school supplies, toys, promotional materials distributed to minors, in newspapers, magazines, publications, and on websites and apps intended for minors, in places primarily frequented by minors, and at events where the participants are primarily minors. Advertising for tobacco products and nicotine products is also prohibited in public spaces, in movie theaters, in and on public transportation vehicles, in and on buildings intended for public use, at sports facilities, and at sporting events. It should be noted that the cantons may enact stricter provisions regarding advertising.
For more information on cantonal policies, visit the FOPH website.
In February 2022, the public approved the “Children Free of Tobacco” popular initiative, which called for a ban on all advertising for tobacco products and nicotine products visible to minors. Its implementation required an amendment to the Federal Act on Tobacco Products and Electronic Cigarettes (LPTab) as well as the drafting of the corresponding ordinance. It is scheduled to take effect in early 2027.
Retail Locations
Retailers and online sellers of tobacco products and nicotine products are required to ensure that customers are of legal age. An age verification system must also be implemented for vending machines, apps, and other electronic platforms that sell tobacco products and/or nicotine products.
Is it okay to give a cigarette to a minor?
An adult who purchases and gives a cigarette or any other tobacco and/or nicotine product to a minor is punishable by law. Such transfers are considered free supplies and are prohibited. In practice, however, this prohibition is very difficult to enforce in private settings: young people often manage to circumvent the bans by obtaining these products from third parties rather than in stores.