Top Takeaways:

• Philip Morris International has appealed to Switzerland’s Federal Court to overturn the Canton of Vaud’s ban on disposable e-cigarettes.
• The case has sparked widespread discussion in Switzerland, with other cantons considering similar bans and the federal Council of States already adopting a motion to prohibit disposable e-cigarettes nationwide.
• The court’s decision will clarify whether cantonal governments can independently ban federally regulated nicotine products.

Philip Morris International (PMI) has filed an appeal with Switzerland’s Federal Court challenging a canton-level ban on the sale of disposable vaping products.

The ban, which took effect May 1, 2025, was enacted by the Canton of Vaud as part of a revision to its public health law. Local officials justified the move as a necessary step to protect youth from nicotine products.

In an interview with Swiss financial publication Agefi, Xavier Bertelletto, head of the canton’s public health office, said the ban targets products that are “playful, attractive, and highly addictive,” warning they could encourage youth to start using tobacco products.

PMI, which has its Swiss headquarters in Lausanne, is contesting the ban, arguing that it conflicts with federal legislation governing tobacco and nicotine products. Speaking with Agefi, Xavier Ducarroz, managing director of PMI Switzerland, questioned whether cantonal authorities have the jurisdiction to impose such prohibitions, suggesting the decision undermines both legal certainty and business stability.

“The canton’s ban raises fundamental questions about the limits of local authority in regulating products that are legal under federal law,” Ducarroz said.

The legal challenge comes just months after PMI launched its own line of disposable e-cigarettes in Switzerland. The company argues that adult smokers seeking less harmful alternatives to traditional cigarettes are unfairly penalized by the ban, which eliminates a product category specifically designed to encourage harm reduction.

PMI’s appeal has ignited a broader national debate about the place of disposable e-cigarettes—known locally as “puffs”—in Swiss society. Other cantons, including Jura, are reportedly considering similar bans.

At the federal level, Switzerland’s Council of States has already adopted a motion calling for a nationwide ban on disposable e-cigarettes. However, the Federal Council has yet to propose concrete legislation.

The forthcoming ruling by the Federal Court on PMI’s appeal is expected to set a significant precedent, clarifying whether cantons can act independently to restrict or prohibit nicotine products beyond federal regulations.

Switzerland’s current tobacco control laws fall under the Federal Act on Tobacco Products and Electronic Cigarettes, which regulates advertising, sales, and product safety standards. Critics of the canton’s ban argue that allowing individual regions to set divergent rules would create a patchwork of inconsistent regulations, complicating compliance for companies and potentially undermining public health objectives.

A decision by the Swiss Federal Court is not expected before the end of the year. Until then, the ban in Vaud remains in effect, barring retailers in the canton from selling any disposable vapes.