The Geneva Court of Justice has officially annulled the canton’s ban on the sale of disposable e-cigarettes. This ruling, favoring appeals from four tobacco industry groups, stems from a constitutional conflict: the court determined that only the Swiss federal government holds the authority to legislate such bans.
The constitutional chamber emphasized that with the adoption of federal legislation on tobacco and e-cigarettes, individual cantons like Geneva lack the jurisdiction to prohibit single-use “puffs.” Enforcing a local ban directly violates the principle of federal law primacy guaranteed by the Swiss Constitution.
Geneva’s Grand Council originally passed the prohibition with near-unanimous support in late August 2025. Lawmakers had even included an emergency clause to send a strong political signal against the devices.
Despite this local legislative setback, a nationwide prohibition is still on the horizon. The Swiss Federal Assembly adopted a motion to ban disposable vapes in Spring 2025, and that legislative procedure is currently ongoing.
The Geneva court’s recent decision can still be appealed to the Federal Supreme Court, provided admissibility conditions are met.
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