Stricter rules for tobacco advertising are currently not capable of winning a majority
Published: Thursday, Feb 29th 2024, 12:20
Retour au fil d'actualité
Parliament continues to struggle with new restrictions on tobacco advertising. A bill to implement the tobacco advertising ban initiative adopted by the people and cantons failed in the National Council on Thursday due to opposition from the SVP, SP and Greens - at least for the time being.
Children and young people must no longer see advertising for tobacco products in future. This was written into the constitution by the people and 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. The Council of States weakened the bill last fall - to the displeasure of the left-wing initiators.
On Thursday, it was now the turn of the National Council. The debate, which lasted over two and a half hours, was lively and the differences between the political camps were great - in the end, too great to find a solution that could command a majority.
Parliament, not the Federal Council, has a duty
In the overall vote, the large chamber rejected the bill by 121 votes to 64 with 5 abstentions. The SVP, SP and Greens almost unanimously said no. The reasons for this varied.
The SVP already made it clear during the entry debate that the Federal Council's draft went too far. "We want a sensible law that can be implemented in practice and that implements the initiative, but no more," said parliamentary group spokesman Andreas Glarner (AG).
Glarner and his party colleagues referred to the free market economy. It should not be the case that tobacco advertising should be banned in publications such as the "Bilanz" or the "Neue Zürcher Zeitung" in future. "I don't know any minors who read these press products." The planned sponsorship ban for tobacco companies would also mean that many events would have to be stopped.
However, the large chamber rejected the referral motion by 126 votes to 59 with 2 abstentions. The majority was of the opinion that Parliament, and not the Federal Council, should make changes to the Tobacco Products Act so that it could be approved by a majority.
"As liberal as possible and as restrictive as necessary"
An hour later, however, it was clear that this goal could not be achieved. In addition to the SVP, which wanted to weaken the law with various motions, the left wing of the Council also failed with proposals that sought to achieve the opposite. In the end, the advertising restrictions for the tobacco industry went too far for the SVP and not far enough for the SP and the Greens.
Various points are controversial: Among other things, opinions differ on the question of which press products should be subject to a ban on tobacco advertising. The rules for sales promotion, the sale of tobacco products by mobile staff in publicly accessible places and the sponsorship of events are also the subject of controversial debate. The conservatives are arguing for several exceptions. The Left wants a comprehensive ban on advertising.
Commission spokesperson Lorenz Hess (center / BE) pleaded in the entry debate for an "adequate and rapid implementation" of the initiative. The majority proposals would largely meet the demands of the petition for a referendum. One hundred percent implementation of the initiative could probably never be achieved.
On behalf of her parliamentary group, Regine Sauter (FDP/ZH) pointed out that the initiative does not provide for a comprehensive ban on advertising. Tobacco advertising should only not reach minors. Adults could buy tobacco products legally. It must therefore also be possible to advertise to this target group. "Let's be as liberal as possible and as restrictive as necessary," said Sauter.
Question of constitutional conformity
Parliament was about to violate the constitution, stated Manuela Weichelt (Greens/ZG). This was also confirmed by a report drawn up by the Federal Office of Public Health (FOPH) and consolidated by the Federal Office of Justice (FOJ).
Health Minister Elisabeth Baume-Schneider also referred to this report. It is up to Parliament to implement the initiative in accordance with the constitution.
Melanie Mettler (GLP/BE) pointed out on behalf of her parliamentary group that many questions regarding the implementation of the initiative could not be answered clearly. "There is no black and white." It is undisputed that children and young people must be protected from tobacco advertising.
The bill now goes back to the Council of States. If it also rejects it or the National Council rejects it a second time, the matter is closed. Parliament would then have to start on field one for the implementation of the new constitutional article.
©Keystone/SDA
French 
English 
German 
Spanish 
Arabic