TPD law Switzerland: The truth behind the 2ml tanks and the influence of the tobacco lobby

What it's all about

The topic is the new TPD law. The official information on this can of course be found on the federal website. (Link to BAG with draft law)


We believe in sustainability - and are critical

The TPD law has unfortunately led to more waste and a thriving black market for disposable nicotine-containing e-cigarettes and closed pod systems with more than 2ml capacity in the countries where it has been implemented. Customers are logically demanding larger tanks and disposable devices that allow 1500 or more puffs. Restrictions imposed by the TPD law are leading consumers to turn to illegal channels to meet their demand for such products. This trend has serious consequences as counterfeit, substandard and unhealthy products can enter the market without any safety standards and age verification. We firmly believe that a regulatory review is necessary to curb the black market and give consumers access to safe and regulated e-cigarettes.

Tank size

The limitation leads to more frequent replacement of disposable e-cigarettes and replacement pods, resulting in more waste and a negative carbon footprint. A review should therefore consider the possibility of an appropriate increase in tank size to improve convenience for consumers and reduce waste without compromising safety.

Waste & Recycling

According to our calculations, this new law will produce at least seven times more waste.

Example assumption: a customer consumes 4000 puffs per week. This would be an average of 570 puffs per day (2ml tank). As a result, the consumer now needs 7x more hardware to cover his demand.

The questionable child safety justification and the 2-milliliter regulation

In the debate about limiting the tank size of e-cigarettes to 2 milliliters, the safety of children is often cited as a key argument. The concern is understandable: larger tanks could lead to children accidentally swallowing or consuming e-liquid. At first glance, this seems to be a reasonable justification, as the protection of children is undoubtedly the top priority.

But let's draw a comparison that puts this argument in a different light:

10ml bottles of nicotine are already being sold in the EU and Switzerland. This raises the question of whether the 2ml regulation for closed pod systems and disposable vapes is actually comprehensible. Remember: it is much easier to drink from a 10ml bottle than to swallow a closed 2ml disposable vape or pod. Common sense tells us that there is an error in reasoning here.

In addition, we must consider the actual risk of swallowing or drinking:

The likelihood of a child swallowing the liquid (the e-liquid) from a 2ml pod or disposable vape is much lower or even almost impossible, as these are closed systems.

With a 10ml bottle, the probability of a child drinking the liquid (e-liquid) is massively higher, as it can happen that a bottle is not closed correctly or has not been stored properly.

The question arises:

Why was this 2ml regulation introduced? Out of common sense or greed from the Big Tobacco lobby? It seems that this regulation is designed to push e-cigarettes down to the level of conventional cigarettes in terms of performance and benefits. The aim is to eliminate the technological advantages of e-cigarettes in order to protect the sale of conventional tobacco products and tobacco heaters and thus preserve their billions in sales.

We should be aware that when it comes to e-cigarettes and regulation, a large number of stakeholders with different interests are involved. It is therefore essential that we critically scrutinize everything and ensure that sensible regulation is implemented. Using child protection as a pretext for a law that obviously plays into the hands of the Big Tobacco lobby is unacceptable.