Philip Morris Challenges Disposable Vape Ban in Swiss Canton, Federal Court to Deliver Key Ruling

Key points:

·Controversy: The focus of controversy is the revision of the health law in the Swiss canton of Vaud, which completely bans the sale of disposable e-cigarettes; Philip Morris International (PMI) has accused the ban of infringing on the right of adult smokers to choose their products. 

·Positions: The government believes that e-cigarettes are easy to induce young people to smoke; businesses believe that it hinders the promotion of reduced-harm alternative products. 

·Background: Several Swiss cantons have legislated to restrict new tobacco products; the federal parliament has also passed a motion for a nationwide ban; PMI plans to launch a new puffed tobacco product by 2025. 

·Judicial impact: The federal court's ruling will clarify the boundaries of local health legislation powers and the regulatory standards for new tobacco products. According to Agefi's report on June 26, Philip Morris International (PMI) has filed an appeal with the Federal Court in Switzerland over the decision to ban the sale of disposable e-cigarettes (puffs) in one canton. The ban, which went into effect on May 1, 2025, is part of the revision of their local health law.

According to a June 26 report by Agefi, Philip Morris International (PMI) has appealed to Switzerland’s Federal Court against a canton-level ban on the sale of disposable e-cigarettes (known as puffs). The ban took effect on May 1, 2025, as part of a revision to the cantonal health law.

Xavier Bertelletto, head of the canton’s public health office, stated that puffs are “playful, attractive, and highly addictive” products that could lead young people to start using tobacco, prompting the decision to prohibit their sale.

PMI, whose Swiss headquarters is located in Lausanne, opposes the ban on legal grounds, arguing that it contravenes federal law. Xavier Ducarroz, Managing Director of PMI Switzerland, questioned whether the canton has the authority to impose such measures in the realm of public health. He added that the ban threatens legal certainty and business stability.

At the same time, PMI is defending its own disposable e-cigarette products, which were launched in early 2025. The company argues that the ban unfairly penalizes adult smokers who are seeking alternatives.

The case has sparked national debate. Other regions in Switzerland, such as Jura, are also considering similar legislative actions. At the federal level, a motion to ban disposable e-cigarettes nationwide has already been adopted by the Council of States. The forthcoming ruling by the Federal Court is expected to be a pivotal case in clarifying the division of regulatory authority over public health between different levels of government in Switzerland.

2Firsts will continue to follow developments in this case and its potential implications for the Swiss and broader European vaping markets.