Nicotine in Vape Shops: Excessive Interpretation of the Law to the Detriment of Consumers
Since the new Swiss legislation on tobacco products and e-cigarettes came into effect on October 1, 2024, a large majority of vape shops in the canton have changed their practices, citing a supposed ban on mixing e-liquids with nicotine for their customers. This decision is often justified by a restrictive interpretation of the law, without providing specific explanations on the texts in force.
Too strict a reading of the law
The new law, while stringent, does not explicitly prohibit vape shops from mixing e-liquids with nicotine, provided they comply with concentration limits (20 mg/ml) and labeling rules (Art. 6, para. 2 and Art. 10, para. 1 and 2, LPTab). Based on an overly cautious reading, many vape shops shift the responsibility for mixing onto their customers, forcing them to handle nicotine boosters themselves.
However, this practice raises several inconsistencies and risks:
- Inconsistency with the law's objective: The law aims to protect consumers and ensure product safety. By asking customers to mix their own vapes, vape shops are abandoning their role as professionals, exposing users to potential handling errors.
- Risk to consumers: Mishandling of concentrated nicotine by an uninformed user can lead to hazards such as skin irritation, overdose, or accidental ingestion.
Vape shops, accustomed to these manipulations, have the necessary skills to guarantee safe and precise blends. By transferring this responsibility to consumers, they are failing in their mission of protection and support.
At Vapoteurs Suisses, we continue to serve our customers
At Vapoteurs Suisses , we have decided to continue offering e-liquid blends with nicotine, but only after the product has been purchased . This ensures that the purchase complies with legal standards and that blends are made safely in a professional setting.
We proceed as follows:
- The customer first buys their e-liquid, which complies with standards and is labeled accordingly.
- Once the sale is finalized, we offer to personalize the e-liquid by adding nicotine at the customer's request.
We believe it is irresponsible to ask consumers to make these mixtures themselves, when this can be done by trained professionals under controlled conditions. By doing so, we aim to combine safety, quality of service, and compliance with regulations, while awaiting definitive clarification of the legal situation.
In-depth legal analysis underway
To clarify this situation and ensure our practices are fully compliant with the law, we are currently working with specialized lawyers. Our goal is to determine precisely what is and is not permitted by law and to defend practices that ensure the safety and quality of services for our clients.
Conclusion: Defending Consumer Rights
By submitting to an overly strict interpretation of the law, the majority of vape shops fail to protect their customers or their interests. By abandoning their role as professionals, they create further confusion and expose consumers to unnecessary risks.
At Vapoteurs Suisses, we refuse to give in to this trend. We are committed to providing comprehensive and secure services while respecting the principles of the new regulations. By mixing after purchase, we act with caution and responsibility, pending clear confirmation from the relevant authorities.