Nicotine will finally freely be sold in Switzerland

We have been waiting for this for many years, the Federal Administrative Court (TAF) has confirmed it last tuesday ! The ban on the sale of nicotine liquids in Switzerland is legally invalid. Judith Deflorin, Head of the division of the Federal Office for Food Safety and Veterinary Affairs (FSVO) has stated : "With the decision of the Federal Administrative Court on Tuesday, nicotine vaping liquids can be sold and imported into Switzerland." (1) We had confirmation of this information by joining her directly by phone today.

The origin of the appeal

Remember that until now, it was perfectly legal to buy, consume and even import nicotine, but forbidden to sell it on Swiss territory. A perfect aberration, given that the European Union had for one year a new law on tobacco products (TPD), perfectly controlling the vaping products.

A precedent and a legal decision were needed to make things change. We are pleased to announce that Sweetch, as a member of the Swiss Vape Trade Association (SVTA), has been campaigning with InSmoke and Stefan Meile (SVTA President) to win the case. InSmoke pioneered the market in 2015 by publicly selling nicotine liquids to help FSVO react. After 2 1/2 years of waiting, the TAF has finally pronounced and it is a victory! The decision of the FSVO to ban the sale of nicotine liquids in Switzerland has been invalidated.

What now?

The FSVO has 30 days to appeal this decision. But from our point of view, it seems unlikely that the Office is moving in this direction, knowing that in any case it is provided in the new FOPH Tobacco Law (LPTab) to include electronic cigarettes with nicotine.

The decision of the Federal Administrative Court has yet to be published publicly, however the cantonal chemists and the customs administration have already been informed.

As a result, it is now possible to sell nicotine liquids in Switzerland, as well as in the European Union, under the principle of European law "Cassis de Dijon" (2).

CAt Sweetch, we will offer you our French offer of nicotined liquids on the Swiss territory as soon as they are imported.

Stay alert, it's for the next few days!

(1) Tv show 10 vor 10 du 27.04.2018 sur la SRF (in German)

(2)The principle of "Cassis de Dijon" is part of the international trade framework within the European Community. In areas that are not harmonized, or only partially, Member States are required to accept products manufactured or legally marketed in another EC Member State within their national territory.

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

The Sweetch team