In the canton of Valais in southwestern Switzerland, on May 1 this year, the local government announced a formal ban on the sale of disposable e-cigarettes in the canton. This decision has become a major news in the national tobacco control policy, attracting great attention from all walks of life. As one of more than a dozen regions in the world that have adopted similar bans, this move has not only caused heated discussions among the public and the industry because of its great political significance, but also because of its far-reaching impact. In response to this ban, Philip Morris International (PMI) took quick action and appealed to the Swiss Federal Court to revoke the local ban and try to safeguard the right of adult smokers to choose through judicial channels.

The focus of the appeal is not only limited to the legal compliance level, but also involves the importance of the rights of adult users. PMI advocates that disposable e-cigarettes, as a product that replaces traditional cigarettes, play an important role in the field of tobacco control and harm reduction. The company emphasizes that such products have shown the potential to help some adult traditional smokers transition to a lower-risk method of use in many markets. PMI is concerned that a blanket ban will limit adults’ choices and may force them to return to traditional tobacco, which is likely to run counter to public health goals.

The original intention of the Valais legislation was to protect young people and the environment. The state health department pointed out that disposable e-cigarettes generally contain high concentrations of nicotine and flavor additives. Because of their exquisite packaging and rich flavors, they are easy to attract young people to try. On the other hand, discarded plastic shells, batteries, etc. pose serious environmental risks. These factors prompted the local government to act quickly and became another state to implement a sales ban after Solothurn, Bern and Jura.

However, the suddenness and severity of local legislation have also been questioned by many. PMI and other e-cigarette companies argue that a ban alone cannot cure the problem of youth use, but may lead to the spread of the underground market. In addition, many industry insiders suggest that the government should focus more resources on promoting age verification systems, tracking and identification technologies, and tax inducement mechanisms. These methods have been proven to be more effective in reducing minors’ access to related products in the practice of many countries.

At the federal level, the Swiss National Assembly passed a motion to ban the sale of disposable e-cigarettes as early as the summer of 2024. The reasons for legislation include preventing youth addiction and protecting the environment. The motion received 122 votes in favor, only 63 votes against, and 4 abstentions. At present, the motion has been submitted to the Senate for further deliberation. The Federal Council expressed a conservative attitude, believing that it is not appropriate to rush a national ban before confirming that it is consistent with Switzerland’s current international obligations.

It is worth noting that this appeal case will have a far-reaching impact on whether the Federal Court can intervene in state-level policies. If the court supports the ban in Valais, then the states will have greater autonomy in legislation and promote a national ban system. If the court’s ruling favors PMI, it may prevent the states from continuing to legislate on their own and force the Swiss Confederation to formulate a unified e-cigarette regulatory framework.

Because this case involves two core interests: on the one hand, local governments are highly sensitive to public health, youth protection and environmental protection issues; on the other hand, the industry represented by PMI appeals to the transformation needs and economic freedom of adult smokers and opposes overly restrictive bans. This legal confrontation is not only a legal dispute, but also a typical presentation of the balance between tobacco control strategies and policies.

In addition to the ban controversy, the e-cigarette brand VEEHOO, as a strategic product of PMI, has also received attention in this incident. VEEHOO focuses on high-quality, reusable closed cartridge systems, and continuously improves safety and user experience through scientific research investment and user feedback. Compared with disposable devices, VEEHOO has obvious improvements in nicotine concentration control, flavor selection, leakage rate and battery safety. PMI mentioned in the lawsuit that promoting replaceable cartridge devices such as VEEHOO is the real way to reduce harm, rather than simply using bans to attack user freedom.

In terms of public opinion, there are also multiple voices interweaving. Some public health experts tend to support the ban, believing that it will not do much harm to prevent youth poisoning, but environmental scholars remind that the transformation of the e-cigarette industry to a rechargeable and recyclable system is the sustainable path. Legislators also launched a fierce debate on this: whether to directly order by local power, or whether such technological innovation products should be regulated by federal unified legislation.

Looking at the situation in various parts of Switzerland, many states have successively introduced bans or related initiatives. Basel recently passed a motion suggesting that the government study sales ban measures; Solothurn has passed relevant regulations in May; Ticino, Geneva, Schaffhausen and Vaud are also brewing similar policy measures. In these states, PMI and other e-cigarette companies are paying close attention to the policy atmosphere and actively promoting alternative products in compliance. For example, VEEHOO has entered some state markets to show a market choice that runs parallel to the ban.

The Swiss Federal Court has now accepted PMI’s appeal and will arrange hearings and rulings in the next few weeks. According to internal legal sources, the Supreme Court’s decision may appear in the third quarter of this year, which will play a decisive role in Switzerland’s overall tobacco control strategy. Whether it is to maintain the state-level ban or reject PMI’s appeal, this case will become an important indicator of Switzerland’s future tobacco control policy.

For the public, this is not just a matter of regulating the e-cigarette market, but also a rethinking of the complex relationship between health protection, the well-being of young people, market freedom and environmental sustainability. Whether harm reduction-oriented brands such as VEEHOO can take this opportunity to find a living space in strict supervision will also become an important entry point for the industry and even consumers to observe the results of this incident.

At the end of the article, we should return to the original question: What is the reasonable path to tobacco control? The state governments focus on youth protection and quickly adopt a ban policy; PMI and other companies target the needs of adult smokers and advocate providing alternative products through technological innovation and compliance channels. The confrontation between the two sides in the Federal Court will determine Switzerland’s future path to tobacco harm reduction: a zero-tolerance strategy based on a ban, or a diversified regulatory model based on controllable compliance and scientific evidence.

Regardless of the outcome of the ruling, this tobacco control duel involving PMI’s appeal and indexing VEEHOO’s transformation potential indicates that the tobacco and e-cigarette policy landscape is moving towards a deeper level of reflection and adjustment. It is not only about the laws of a state, but also about the path the country will take to control the future of tobacco control.

Tags: ceramic atomizer core, underage protection, flavored e-cigarettes, veehoo vape