Philmore International (PMI) has filed a lawsuit in federal court over the ban on disposable vapes that was implemented on May 1 in the Swiss canton of Valais. The cantonal health authorities claim that vapes are addictive to young people, while PMI argues that the ban harms adult smokers. The case may have key implications for the definition of public health jurisdiction in Switzerland.
Core Points:
- At issue: Swiss canton of Valais amends health law to ban the sale of disposable vapes across the board; PMI alleges ban infringes on adult smokers’ right to choose
- Positions on both sides: The government argues vapes are addictive to teenagers; companies argue they impede the rollout of harm-reducing alternatives
- Bigger picture: Swiss cantons legislate to restrict new forms of tobacco; Bundestag has passed a motion for a nationwide ban; PMI plans to roll out puffed tobacco by 2025. NEW
- JUDICIAL IMPLICATIONS: The federal court ruling will clarify the boundaries of local health legislation authority and standards for regulating new tobacco products
Philmore International appeals Swiss canton’s ban on disposable vapes
Philmore International (PMI) has appealed a Swiss canton’s decision to ban the sale of disposable vapes (puffs) to the Federal Court. Agefi reported on June 26th. The ban, which has been in place since May 1, 2025, is part of a revision of its local health law.
Xavier Bertelletto, director of the state’s Department of Public Health. Said the decision to ban the sale of puffs was made because they are “entertaining, attractive and highly addictive” products that could encourage young people to start using tobacco.
Federal court to make key ruling
Lausanne, Switzerland-based Philmore International filed a legal challenge to the ban, arguing that the measure violates federal law and questioning whether local governments have the authority to make such decisions in the area of public health. Xavier Ducarroz, managing director of FIMO Switzerland, said the move jeopardizes legal certainty and the stability of the business environment.
Meanwhile, Philmore International has defended its disposable vape products. It is launching at the beginning of 2025, criticizing the ban that will punish adult smokers who are looking for alternatives.
JUDICIAL IMPLICATIONS
The controversy is generating national attention. In addition to the canton, other parts of Switzerland, such as the Jura, are considering similar legislative measures, while at the federal level, motions have been filed in favor of a nationwide ban on disposable vapes. The upcoming decision by the Federal Court is seen as key jurisprudence in clarifying the competence of all levels of government in public health regulation in Switzerland.
