Until recently, E-liquids and E-cigarettes in Switzerland under the Food Law. On October 1, 2024, a new Tobacco Products Act was introduced in Switzerland, which also regulates the distribution and sale of e-cigarettes. New taxes and, in particular, new regulations and restrictions will have a major impact on the variety of e-cigarette products available in Switzerland. We’ll explain in detail how the new law will affect retailers and consumers.
This will change with the new Tobacco Products Act:
Disposable e-cigarettes limited to max. 2ml liquid
Prefilled pod systems limited to max. 2ml liquid
Tax of CHF 1.-/ml liquid on disposable products (with and without nicotine)
Tax of CHF 0.20/ml liquid on pods & liquids (only with nicotine)
Warnings & package inserts prescribed in D/F/I
Age controls for offline and online stores
Which regulations must be complied with after the Tobacco Products Act comes into force?
The new legislation covers three key areas: First, disposable e-cigarettes and prefilled pod systems will be regulated, as in the European Union, to 2 ml of e-liquid restricted. Exception: nicotine-free products. Second, a Tax A tax of CHF 1.00 per mL of e-liquid is levied, and a tax of CHF 0.20 per mL is levied on e-liquids and pods. Third, new regulations apply to the Packaging Design of e-cigarettes. Fourth, Age Verification required in both online and offline retail outlets.
The Restriction The switch from disposable vapes and e-liquid cartridges to 2-milliliter e-liquid is arguably the most drastic provision of the new Tobacco Products Act. This is because, in one fell swoop, the vast majority of all products currently sold in Switzerland will disappear from the market. But why are products larger than 2 milliliters being banned? The argument cited is the risk that children might come into contact with nicotine-containing e-liquid from defective disposable vapes or e-liquid pods consume orally could. A quantity of more than 2 ml would pose a serious health risk to children. Furthermore, studies from other fields show that consumption increases when larger containers are offered. The following points counter these arguments:
E-liquids containing nicotine in 10-ml bottles are still allowed. And these consist solely of a thin-walled plastic bottle, which can be damaged much more easily than the more robust disposable vapes or cartridges. Furthermore, there is a risk that bottles will not be closed properly, making the contents accessible to children. There is no justification for why 10-milliliter bottles of nicotine-containing e-liquid should be permitted, while disposable vapes and e-liquid pods should be limited to 2 milliliters.
Disposable vapes and e-liquid cartridges are out of stock durable materials manufactured. This casing can only be broken open with a tool and a great deal of force. The risk of the liquid inside leaking out and being ingested is extremely low.
If single-use products are limited to 2 ml, the Life Cycle Assessment these product categories even further. This results in even more batteries, which are often not disposed of properly.
In Switzerland, stimulants such as alcohol (up to 1 liter), tobacco (up to 250g) and sweets are sold in very large containers. If the argument that "the larger the container, the higher the consumption" were to be taken seriously, it would be logical to limit heavily sweetened red vodka, for example, which is particularly popular with young people, to 1dl.
2. new taxes on e-cigarettes and liquids
Following the introduction of the new Tobacco Products Act in Switzerland, e-cigarettes are subject to high taxes in some cases.
Disposable e-cigarettes
CHF 1.-/ml E-liquid (with and without nicotine)
Prefilled Pods
CHF 0.20/ml E-liquid (with nicotine only)
E-liquids
CHF 0.20/ml E-liquid (with nicotine only)
Hybrid vapes
CHF 1.-/ml For pre-filled e-liquid in the device (with or without nicotine).
CHF 0.20/ml For e-liquid in the refill container (with nicotine only)
With the new E-liquid Tax Compared to e-cigarettes, disposable products are suddenly becoming much more expensive. Today, a disposable e-cigarette with 2 ml of e-liquid costs about CHF 8.50 will she in the future CHF 10.50 cost. The federal government justifies the higher taxes on single-use products by arguing that they are particularly popular among young people and have a significant negative impact on the environment. Single-use e-cigarettes are indeed a problematic product, especially because of their poor environmental footprint. To solve this problem, a Tax on Disposable Batteries more effective, since the amount of liquid is irrelevant to the environmental impact assessment. Age verification using identification is a more effective way to prevent sales to minors.
3. new regulations for the packaging of e-cigarettes
According to the new Tobacco Products Act, e-cigarettes will in future have to comply with far-reaching regulations in terms of packaging design.
Warnings in all three official languages (D, F, I)
Product information on the packaging in an official language
Package leaflet in all three official languages (D, F, I)
4. age controls and advertising bans
The new Tobacco Products Act for E-Cigarettes also introduces new age verification requirements. Effective immediately, the same regulations apply to e-cigarettes as to tobacco products. In brick-and-mortar stores, age verification must be conducted via Identity Card or Passport It is mandated that effective age verification measures must also be implemented in online stores (it is not yet known which system will be used). Cross-industry age verification measures are welcomed by parents, consumers, and vape shops alike. It is not in the interest of any party for minors to be able to stock up on nicotine-containing products.
With the popular initiative “Children and Adolescents Free from Tobacco Advertising"Advertising for e-cigarettes will be severely restricted. It will be comprehensively banned in public places and in print media, and will also be prohibited at events to which minors have access. Online advertising will be permitted only if an age verification system can ensure that minors do not have access to it."
Negative impact on the e-cigarette market in Switzerland
The following negative effects can be expected due to the new law for e-cigarettes:
While products from the European Union can currently be imported easily, in the future only products with Swiss packaging will be permitted. For the small Swiss market, such imports will only be worthwhile for large players who can purchase the required minimum order quantities. This will inevitably result in the Drastically reduce the availability of e-cigarettes in Switzerland . This will make e-cigarettes less attractive, while traditional cigarettes could become more appealing again.
The tobacco tax, which now also applies to e-cigarettes, will naturally make these products more expensive. For refillable systems and e-liquids, the tax amounts to CHF 0.20/ml E-liquid tends to be moderate. For disposable vapes, the tax is CHF 1.-/ml Liquidity is set very high.
Positive impact on the e-cigarette market in Switzerland
The new Tobacco Products Act will also have many positive effects for the market and consumers:
Access to e-cigarettes is made more difficult for minors (age controls)
Untested products with questionable ingredients disappear from the market
Consumers will have access to detailed product information in all 3 official languages
Strict age controls for e-cigarettes are welcomed by the vape industry, parents and consumers alike. This should curb consumption by people under the age of majority and apply the same rules as for cigarettes and hard alcohol.
Once the new legislation comes into force, all products must be registered with the Swiss Chemicals Register (at the FOPH). In addition, there is a list of ingredients banned in Switzerland. Manufacturers and importers must adhere to this list in order to avoid the risk of their products being recalled.
The new law stipulates that Warnings and detailed Product Information must be available in all three official languages (German, French, and Italian). This allows consumers to obtain detailed information about ingredients and any possible side effects.
Sense and nonsense of the new law for e-cigarettes
It is obvious that e-cigarettes should be regulated more and is to be welcomed in principle. In particular, the clear regulations on age control are urgently needed and must be implemented as quickly as possible. The limit of 2 ml of liquid will further worsen the ecological balance of disposable products, as many products with more than 2 ml of liquid have a small rechargeable battery.
The fact that the Prefilled Pod Systems, which consist of a rechargeable battery and replaceable e-liquid cartridges, to be limited to 2 ml of e-liquid is incomprehensible. They are much more environmentally friendly as disposable vapes and meet a significant user need.
The Swiss Tobacco Lobby seems strongly committed to limiting e-cigarettes to 2 ml of e-liquid. This is because sales of tobacco cigarettes—which are proven to be harmful—are being threatened by modern e-cigarettes. Limiting e-cigarettes to 2 ml of e-liquid makes them less attractive and much less environmentally friendly, which could result in tobacco products becoming more appealing again. That cannot be in the best interests of our policies, our healthcare system, or our society.
Version: 1.3, September 2024. This article was written to the best of our knowledge and belief in consultation with industry experts. All information is provided without warranty.
References: Federal Office of Public Health
Fabian Blättler is a member of the management team at Shisha Heaven and is responsible for legal matters and finances. He has many years of e-commerce experience and is just as good at juggling numbers as he is at creating appealing graphic designs.
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