No, Switzerland has not approved a 'suicide capsule'

CLAIM: Swiss regulatory agencies have formally approved the Sarco capsule, a mobile, 3D-printed chamber for carrying out assisted suicide.

THE FACTS: The device — which is still a prototype — has not been approved for use by any Swiss agencies. The machine's creator, Philip Nitschke, says he did not seek such approval because he believes his organization does not need it under current legal guidelines. Swissmedic, the national authorization agency for drugs and medical products, confirmed to the AP that it had not approved the Sarco capsule and had not heard of it until it gained widespread media attention recently. That attention came after a story about the first-of-its-kind device designed as a vehicle for assisted suicide led to a flurry of false information. The article that inspired much of the coverage used language in its headline that many people incorrectly interpreted to mean the device has been authorized in Switzerland, when it has not. Nitschke says the Sarco capsule is a 3D-printed pod that, when activated by the user, becomes flooded with nitrogen until it fatally reduces the oxygen levels inside. There are currently two prototypes of the product, which are not being offered for sale or use. Nitschke has said a third prototype could be operational in early 2022. Swissinfo published a Q&A with Nitschke this week under the headline: "Sarco suicide capsule 'passes legal review' in Switzerland." It was revised Wednesday to say: "Sarco suicide capsule hopes to enter Switzerland," alongside a corrective editor's note. But the correction came after the information was picked up by numerous media outlets that used language similar to the original headline. In some cases, stories and social media posts went even further, saying the device had passed formal regulatory approval in Switzerland, and was approved by medical or legal agencies. Assisted suicide is allowed in Switzerland under certain conditions. Nitschke said his nonprofit, Exit International, never pursued approval because it obtained outside legal opinion from a senior consultant who determined it did not need formal authorization or licensing to use the device. EXIT, an established organization currently offering assisted dying services in Switzerland, says it has questions about Sarco and the legal opinion obtained by Exit International, which is unaffiliated with their group. "EXIT does not see 'Sarco' as an alternative to the physician-assisted suicides that EXIT carries out in Switzerland," EXIT Vice President Jürg Wiler wrote in an email. Nitschke said that while there may be dissenting legal opinions, a final decision may only be reached if someone were to bring a case to court after the machine has been used.