National Council discusses implementation of the tobacco advertising ban initiative
Published: Thursday, Feb 29th 2024, 05:00
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This morning, the National Council will consider the Tobacco Products Act. One controversial issue is the extent to which tobacco products may still be advertised in newspapers and magazines for adults. A conflict with a new constitutional article is looming.
Children and young people will no longer be allowed to see advertising for tobacco products in future. This was written into the constitution by the people and the cantons in February 2022 with the popular initiative "Children and young people without tobacco advertising (tobacco advertising ban initiative)".
The Federal Council wants to implement the initiative with a comprehensive ban on advertising, for tobacco products and also for e-cigarettes. During the consultation process, the proposals were harshly criticized by the tobacco industry and the advertising industry. The left welcomed the proposals.
Exceptions planned
The conservative-dominated parliament is finding it difficult to implement the petition for a referendum. The Council of States and the responsible National Council committee do not want to implement the initiative text word for word and allow exceptions, for example for sponsoring music festivals. The sale of tobacco products by mobile sales staff in publicly accessible places that can be visited by minors is also not to be banned.
In addition, the National Council Committee is proposing that tobacco advertising be permitted in the inside section of subscription newspapers if 95% of these are read by adults. The Council of States does not want to allow such an exception.
Unlike the small chamber, the National Council committee does not want to allow the direct, personal promotion of cigars and cigarillos in kiosks, for example. Such promotions should only be permitted in places to which minors do not have access.
"Massive disregard for the will of the people"
The association supporting the popular initiative criticized the decisions to date as a "massive disregard for the will of the people". Parliament is in the process of violating the constitution. This is also confirmed by a report written by the Federal Office of Public Health (FOPH) and consolidated by the Federal Office of Justice (FOJ).
The initiative committee now wants to await the National Council's decision on the Tobacco Products Act. "If Parliament does not decide in our favor, we will make further plans," said co-initiator and former member of the Council of States Hans Stöckli (SP/BE). Possible options include a referendum against the bill or a new popular initiative.
On the other side of the political spectrum, National Councillors from the SVP are calling for the bill to be referred back to the Federal Council. In their view, the national government has gone too far in implementing the constitutional text.
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