Bern is moving on the topic if electronic cigarettes

Bern is moving on the topic if electronic cigarettes


In August 2018, we shared with you the latest information regarding the upcoming regulations relating to tobacco products (LPTab) in an article. We were actively engaged then and still are today. Things are moving slowly but surely, and we are doing our utmost to remain at the heart of the negotiations with our government.

The Social Security and Public Health commission of the parliament (CSSS-E) has unanimously decided to engage on the second federal law project on tobacco related products and electronic cigarettes.

On February 9th, 2019, they held a meeting along with the Swiss representatives of the cantonal directors for health, economic organizations, and health organizations. The SVTA, of which we are active members, was of course present and was able to present its view.

The positioning of the SVTA was once again laid out:

  • We are favourable to a regulation relating to electronic cigarette that aims to protect teenagers under the age of 18, to promote the health aspects, and to set a framework for the manufacturing and sale of vaping products in Switzerland.
  • We have enough data relating to the potential reduction of risks relating to our products.
  • The efficacy of vaping as an alternative to tobacco is the only reason why now each year, the number of smokers is in decline.
  • We count on the support of our government in order to facilitate the transition of the highest number of smokers possible towards a less harmful consumption, for public health reasons.



The SVTA claims the following :

  • he plan is to limit the capacity of e-liquid containers to 10ml: we ask that they be limited to 100ml. Indeed, the average daily consumption of a vaper can exceed 10ml/day. In addition, it has been demonstrated that the size of the container has no influence on the user’s safety, and 10ml containers would multiply by 10 the amount of plastic waste.
  • For nicotine-containing products, an obligatory notice of the type “This product can be harmful to your health” is envisaged. We asked that this be cancelled, as no other country in the world requires such a labelling. It is also not justified from a toxicology point of view, as the ingredients of e-liquids are approved food additives.
  • An obligation to declare these products should be introduced. As nicotine is classified as a chemical compound, each container already needs to be notified, in accordance with the order on the protection against dangerous substances and preparations (OChim, art. 24). The obligation to doubly declare each product, once in the Swiss register for chemical products and a second time through the LPTab does not make sense and would go against the law on technical barriers to commerce (LECT). In addition, this obligation to declare e-liquids that do not contain nicotine does not make sense and would be against the principle of proportionality: tobacco accessories are indeed not subject to notification (pipes, rolling paper for cigarettes, etc).
  • A CHF 20,000 or more fine is planned for people or commerce that has acted with negligence. We believe that negligence should not be criminalized and that resellers or manufacturers don’t become criminals because they make a mistake. In addition, the fine should not be of an amount that could imperil the existence of a mid-sized company. We therefore suggested a public order type of fine.
  • It is planned to forbid the use of electronic cigarettes in public places as for traditional cigarettes. We simply demand that electronic cigarette testing be allowed in specialized shops, under the condition that all the employees of such shops agree on the principle. Indeed, it is essential that customers be able to try out both equipment and e-liquids. Expert advice and tolerance tests to nicotine are essential elements of success in order for smokers to move on to a less harmful means of consumption. The absence of this exception would endanger the sustainability of many shops.



An element that has not been brought forward by the SVTA is the increase in approved nicotine limits. It is a strong belief of anti-tobacco experts such as Dominique Sprumont (Neuchâtel University), Jean-François Etter (Geneva University) or Thomas Zeltner (former director of the Swiss Federal Health Office (OFSP). A level of 20mg/ml is advocated by the Federal Council, but experts would like that this be multiplied by a factor five! It is crucial for them to protect our youth from the dangers linked to tobacco, but also to offer adult smokers alternatives with a strong efficacy to help them quit. To make available higher concentrations of nicotine would allow vapers to negate their dependence while only consuming minimal amounts of e-liquid.

The key outcome of this whole session was that electronic cigarettes are a big topic of a debate among the commission, but also a very controversial theme. We don’t know at this stage if our arguments will manage to influence the regulations that are in preparation.

The commission has mandated the administration to bring further light on several aspects for the next meeting, planned for April 2019. To be followed closely!


Dear reader, thank you for your attention. We appreciate your interest in reading this article and your loyalty to our brand.

The sweetch team