Swiss compliance requirements for e-cigarettes

Based on the Cassis de Dijon principle, electronic atomizers and cartridges legally sold in this state may be imported into Switzerland if they comply with the legal and regulatory requirements of the European Union for electronic atomizers, including labelling requirements. Electronic atomizers, including smoke bombs, currently fall under food law and are considered practical substances that come into contact with mucous membranes, under the jurisdiction of the federal Office of Food Safety and Veterinary Medicine. It is expected that by 2024, electronic atomizers will no longer fall under food law, but under the new tobacco products law, which falls under the jurisdiction of FOPH.

There is currently no authorisation or approval process for such products, but there are applicable legal requirements (Food and Commodity Regulations), compliance with which is the distributor's responsibility and must be controlled through self-supervision.

Label information that must be included: Hazards caused by reasonably foreseeable use and hazards that cannot be immediately identified without proper warning need to be stated on the label.

Prohibit in any form marked with disease cure, disease remission or prevention function ­ (e.g. medicinal or therapeutic properties, disinfection or anti-inflammatory effects).

Substances can only be released in amounts that are not harmful to health

Substances that have a pharmacological effect on the product, such as nicotine or disinfectants, are prohibited. There is currently no legal limit on the maximum amount of pharmacologically active substances in the oil of electric atomizer. Therefore, the distributor must ensure that the content of the substance in the oil does not cause it to have a pharmacological effect (see self-policing below).

Information on EU requirements for electronic atomizers is referred to Directive 2014/40/EU. In terms of nicotine content, this specifically means (articles 20(3)(a) and (b)) :

Nicotine-containing liquids can only be placed on the market in special refill containers with a capacity of not more than 10 ml, disposable e-cigarettes, or disposable cartridts or containers with a capacity of not more than 2 ml;

Nicotine-containing liquids contain no more than 20mg/ml of nicotine (2%)

Registration requirements

There is currently no registration requirement for electronic atomization systems

For the fume oil, the manufacturer must register its dangerous goods information with the Chemical Notification Authority through the electronic Application RPC within 3 months after it is first placed on the market.