Key Takeaways
- The Geneva Court of Justice on Tuesday upheld appeals filed by four tobacco trade associations and companies.
- The court annulled the Geneva legal provision banning the sale of disposable e-cigarettes known as “puffs.”
- The court said cantons no longer have authority to ban “puffs” after the adoption of federal tobacco and e-cigarette legislation.
- It said such a canton-level ban violates the constitutional principle of the primacy of federal law.
- A federal procedure to ban “puffs” was launched in spring 2025 and is still in progress.
2Firsts, April 30，2026
According to the report, the Geneva Court of Justice on Tuesday admitted the appeals of four associations and companies active in the tobacco trade against the ban on the sale of disposable e-cigarettes, commonly known as “puffs.” The court annulled the corresponding Geneva legal provision.
The court said cantons no longer have authority to ban “puffs”
The constitutional chamber of the Geneva Court of Justice held that, in view of the adoption of federal legislation on tobacco products and e-cigarettes, cantons are no longer competent to prohibit “puffs,” and that this authority belongs to the Confederation.
In a statement issued on Wednesday, the court said that a canton-level ban of this kind runs contrary to the principle of the primacy of federal law guaranteed by the Federal Constitution.
A federal ban procedure has been underway since spring 2025
The report said that at the federal level, a procedure to ban “puffs” was initiated in spring 2025 after the Federal Assembly adopted a motion aimed at prohibiting them. That procedure is still ongoing.
The ruling may still be appealed to the Federal Supreme Court
The statement added that, subject to compliance with admissibility requirements, the decision of the constitutional chamber may still be appealed to the Federal Supreme Court.
Geneva had adopted the ban with an emergency clause in August 2025
The report noted that in late August 2025, Geneva’s Grand Council had adopted, by an almost unanimous vote, a law banning the sale of puffs in the canton. An emergency clause had been approved at the time in order to send a strong political signal.
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