Based on the Cassis de Dijon principle, electronic atomizers and smoke bombs that comply with EU laws and regulations on electronic atomizers, including labeling requirements, and are legally sold in the state can be imported into Switzerland. At present, electronic atomizers, including smoke bombs, are under the jurisdiction of the Federal Office of Food Safety and Veterinary Medicine, and are considered as practical items in contact with mucous membranes. It is expected that by 2024, the electronic atomizer will no longer belong to the food law, but will be included in the new tobacco product law under the jurisdiction of FOPH.
At present, there is no authorization or approval procedure for such products, but there are applicable legal requirements (food and commodity regulations). It is the responsibility of dealers to comply with these legal requirements, and they must be controlled through self supervision.
-The label information that must be included: for the danger caused in the reasonably foreseeable use process, and the situation that the hazard cannot be immediately identified without proper warning, it needs to be stated on the label.
-It is prohibited to indicate in any form that it has the effect of curing, relieving or preventing diseases (such as medicinal or therapeutic properties, disinfection or anti-inflammatory effects).
-The substance can only be released in a quantity harmless to health
-It is prohibited to add substances that have pharmacological effects on the product, such as nicotine or disinfectants. At present, there is no law regulating the maximum content of pharmacologically active substances in the electric atomizer oil. Therefore, the distributor must ensure that the content of the substance in the tobacco oil does not cause its pharmacological effect (see self supervision below).
Refer to Directive 2014/40/EU for information on EU requirements for electronic atomizers. In terms of nicotine content, this specifically means (Article 20 (3) (a) and (b)):
-The liquid containing nicotine can only be put on the market in a special supplementary container with a capacity of no more than 10ml, a disposable electronic cigarette or a disposable cigarette cartridge or container with a capacity of no more than 2ml;
-The nicotine content of nicotine containing liquid shall not exceed 20 mg/ml (2%).
Registration requirements
• There is currently no registration requirement for electronic atomization systems
• For tobacco oil, the manufacturer must register its dangerous goods information with the chemical notification authority through electronic application RPC within 3 months after its first launch on the market.
