By Timothy S. Donahue

Top Takeaways:

• Appeals rejected: Switzerland’s Federal Supreme Court upheld Valais’ ban on disposable e-cigarette sales, dismissing challenges by Philip Morris Switzerland, the Swiss Tobacco Trade Association, and other parties.
• Authority confirmed: The court found that Valais may enforce its own prohibition, while the federal government has the authority to impose a nationwide ban but has not yet done so.
• Ban remains in force: The restriction has been in effect since May 2025, but the July 15 judgment resolves the industry challenge and confirms that the measure is compatible with federal law.

Switzerland’s highest court has upheld the Canton of Valais’ ban on disposable e-cigarettes.

The Federal Supreme Court dismissed appeals filed by Philip Morris Switzerland, the Swiss Tobacco Trade Association and other parties, ruling that the cantonal prohibition is compatible with federal law. The judgment was published on July 15.

Valais lawmakers approved the legislative amendment in 2024, prohibiting the sale of single-use electronic cigarettes and establishing financial penalties for violations. The ban has been in force since May 2025, meaning the court’s ruling does not introduce a new restriction but confirms that the existing measure may remain in effect.

The court found that the provision serves legitimate environmental and public health objectives and that its restriction on economic freedom is proportionate. Although Switzerland’s federal government has authority to prohibit disposable vaping products nationally, it has not yet exercised that power through enacted legislation, leaving cantons free to impose their own bans, the court concluded.

It also follows a different outcome in Geneva. In April, the Constitutional Chamber of the Geneva Court of Justice annulled that canton’s disposable vape ban, finding that federal tobacco legislation had displaced cantonal authority and that regulation of the products belonged to the Swiss Confederation. That ruling could be appealed to the Federal Supreme Court.

The Valais judgment therefore provides important guidance from Switzerland’s highest court, although the different procedural histories and wording of the two cantonal laws may still affect how the rulings are reconciled.

At the national level, Switzerland’s House of Representatives voted in 2024 to direct the government to prepare a federal ban on disposable e-cigarette sales. The Council of States subsequently supported the motion in 2025, but the Federal Council must still draft and advance implementing legislation before a nationwide prohibition takes effect.

For now, the ruling leaves Valais’ prohibition intact and confirms that retailers in the canton may not sell disposable e-cigarettes while Switzerland continues considering a national ban.