Geneva Justice Annuls Ban on 'Puffs' Sales

In a significant ruling, the Geneva Court of Justice has annulled the cantonal ban on the sale of disposable e-cigarettes, commonly referred to as 'puffs'. This decision came after the court admitted appeals lodged by four associations and companies involved in the tobacco trade, challenging the legality of the Genevan disposition.

The constitutional chamber of the Court of Justice determined that, with the federal legislation on tobacco and e-cigarettes now in effect, cantons are no longer empowered to prohibit 'puffs'. The court clarified that this regulatory authority now resides with the Confederation. This aligns with the principle of federal law supremacy, as enshrined in the Swiss Federal Constitution, meaning cantonal prohibitions that contradict federal law are invalid.

This development follows the federal government's initiation of a ban procedure for 'puffs' in the spring of 2025, after the Federal Assembly passed a motion to that effect. The procedure is still ongoing. The court's decision is subject to appeal at the Federal Tribunal, provided admissibility conditions are met. Previously, in late August 2025, the Grand Council of Geneva had almost unanimously approved a law banning the sale of 'puffs' within the canton, emphasizing the urgency of the matter with a political signal.