Council of States insists on exceptions for cigarette advertising

In the final vote, the small chamber clearly approved the bill by 28 votes to 12 with four abstentions. However, some of the previous decisions were relatively close with a difference of just a few votes.

With the revision of the law, the Federal Council wants to ensure that advertising for tobacco products and e-cigarettes no longer reaches children and young people as required by constitutional law.

As in autumn 2023, the small chamber voted in favor of enshrining exceptions for mobile sales staff in publicly accessible places in the law. In addition, tobacco advertising in publicly accessible places and the sponsorship of events should remain permitted, provided that the advertising on site is neither accessible nor visible to minors.

No special rules for cigars

During the second discussion of the matter, the Council of States merely tightened up the wording of an exemption clause. However, it rejected minority motions to follow the state government and waive the exceptions, with one exception.

The small chamber originally wanted to continue to allow the direct, personal promotion of cigars and cigarillos. During the second consultation, it returned to the decision with a majority of one vote.

Matthias Michel wanted another exception: advertising in the inside section of magazines and newspapers should remain permitted, provided they are mainly sold via subscriptions and at least 95% of the readership consists of adults. His individual motion failed by 23 votes to 21 with one abstention.

"Tobacco advertising omnipresent"

The debate was also about fundamental issues. "We have to show which side we are on here today," said Flavia Wasserfallen (SP/BE), unsuccessfully campaigning for restrictive regulation. Today, tobacco advertising is omnipresent. And Switzerland is bringing up the rear in terms of regulation.

When the initiative was being discussed, it was not disputed that it was also aimed at the sponsoring of events and/or the use of mobile sales staff, said Wasserfallen. She criticized the proposed exceptions with regard to events as impractical.

Hannes Germann (SVP/SH) rejected the accusation that the Council of States wanted to undermine the initiative. He argued that young people also consumed cannabis, even though advertising it is prohibited in Switzerland.

Back in the National Council

Health Minister Elisabeth Baume-Schneider, on the other hand, said that the trend in the proportion of smokers in the UK, for example, showed that restrictions on advertising were having an effect.

Now the ball is back in the National Council's court. When the matter was first discussed in February, it rejected the bill in the overall vote. This was tantamount to a decision not to enter the debate. For the SVP, the proposed advertising bans went too far. The left, on the other hand, considered the proposed exceptions to be unconstitutional and called for stricter rules. In the Council of States, Germann spoke of an "unholy alliance" in the large chamber.

If the National Council rejects the bill a second time or does not act on it, the matter is closed. Parliament would then have to start implementing the new constitutional article on field one. (SDA/swi)