In October 2021, the Swiss Federal Parliament passed the new Federal Act on Tobacco Products and Electronic Cigarettes (TabPG, BBl 2021 2327) submitted by the Federal Council, and completed the referendum on January 20, 2022. It is reported that the Public Health Bureau (FOPH) under the Swiss Federal Council is currently transforming this bill into a decree law that will come into force in 2023, and will implement supervision in accordance with this policy on tobacco products and electronic cigarettes.

Requirements for nicotine containing liquid tobacco products

The nicotine concentration in the smoke liquid shall not exceed 20mg/mL;

The volume of electronic cigarette liquid storage container shall not exceed 10mL;

The volume of disposable electronic cigarette or smoke cartridge shall not exceed 2mL;

Cigarettes and containers that can be repeatedly filled with liquid smoke must have a refilling mechanism that is child proof, damage proof and leak proof.

Forbidden ingredients

Agaric acid, birch tar, bitter almond oil containing free or combined hydrocyanic acid, Chinese angelica, Stipa dulcamara, camphor, camphor oil, camphor wood, coumarin, Bolei mint, bitter wood, saponium bark, vervet, rue vanilla, safrole, safrole oil, safrole, safrole leaves, safrole bark, sweet clover, oriental arborvitae, Lingling fragrant beans, vanilla root, juniper tar, vanilla

Mandatory Packaging Information

The sales package of electronic cigarette must reflect the following information:

Product name, characteristics and quality;

The company name or tax code of the domestic manufacturer or importer designated by the General Administration of Customs according to the Tobacco Tax Law;

Country of production (unless specified in point b);

Warning: "This product will damage your health and make you highly addicted" (including Ding smoke liquid) or "This product may damage your health" (Ding smoke liquid);

Nicotine concentration, mg/mL;

Information about the origin specified in the Trademark Protection Law;

Information on classification, packaging and labelling under the Chemicals Act;

It is unnecessary to reflect the above information related to liquid smoke only.

Post IPO announcement

Any person who manufactures or imports electronic cigarettes shall notify FOPH within one year after the product is marketed;

Any major change of the product must submit a new notice;

The Federal Council shall regulate the way of notification;

FOPH publicizes the announcement on the Internet;

The notice shall include the company name, type and brand, product category and composition, nicotine content in cigarette liquid, functions of other ingredients and scientific research information.

At present, nicotine containing electronic cigarette products that meet the product specifications of the European Union or European Economic Area countries and have been legally listed in the local market can be put on the Swiss market according to the Casterdijon Principles; In addition, according to the transitional provisions in TabPG, enterprises can continue to sell electronic cigarettes with unqualified packaging or labels for de stocking within one year after the Act takes effect. It is now December and is about to enter 2023. Relevant enterprises can pay attention to the date of promulgation of the new Swiss Electronic Cigarette Law to plan product export compliance.