Council of States softens newly planned restrictions on tobacco advertising

Parliament wants to regulate the use of tobacco products more strictly with a new federal law. In its second deliberation on Monday, the Council of States followed the more liberal course of the National Council - to the displeasure of the authors of the tobacco advertising ban initiative.

The new legislation aims to take action to reduce the use of tobacco products - whether they are smoked, heated, snorted or taken orally.

After the first round of deliberations in the Councils, there were still major differences on various key points - such as restrictions on advertising, sales promotion and sponsorship of tobacco products. The Council of States enshrined comprehensive advertising bans for tobacco products in law in the fall of 2019. The National Council only partially approved these last December.

The conservative majority in the small chamber has now described most of the National Council's decisions as a workable compromise. In concrete terms, this means that advertising in the press and on the Internet should not be banned in principle. The ban should only apply to press products and websites "intended for minors".

The Council of States originally also provided for publications "that are viewed by minors". However, this went too far for most representatives of the SVP, FDP and centrist parties. By 25 votes to 17 with one abstention, the Council of States followed the National Council.

Compromise found

There is also agreement on the other points of the core article. For example, billboard advertising of tobacco products and e-cigarettes that can be seen from public places, as well as advertising in cinemas, on public transport, in buildings and on sports fields, will also be prohibited in the future.

In the case of sponsorship, the National Council's compromise proposal also prevailed. Sponsorship is to be prohibited for events in Switzerland if they have an international character or are aimed at an underage audience.

The Council of States further confirmed the decision of the National Council, according to which sales promotion measures for electronic cigarettes should continue to be possible. Finally, "direct, personally executed sales promotion for cigars and cigarillos by means of tastings and customer promotions" is to remain permitted.

The Councils also agreed to waive the obligation for companies to report their advertising expenditure. The Council of States deleted a corresponding passage at the second attempt.

There is still a difference in the decision-making authority of the cantons. If the Council of States has its way, the cantons should each be able to enact stricter advertising, sponsorship and sales promotion regulations. The National Council wants to delete this article from the law.

Counterproposal to the initiative

The left of the Council warned in vain against a "watering down of the law". Hans Stöckli (SP/BE) called the current resolutions of the Council of States a "sham solution". It was a matter of fulfilling the responsibility towards the youth. This was no longer the case with the latest decisions.

In fact, the parliament is under pressure. It is discussing the Tobacco Products Act against the backdrop of a pending popular initiative. This calls for a complete ban on tobacco advertising that reaches children or young people. (SDA)

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