The Spanish markets and competitions watchdog has asked the Ministry for Health for more scientific evidence to justify its heavy restrictions on vapes and nicotine pouches.
Spain is preparing a Royal Decree that will ban all flavours in vapes and nicotine pouches except for tobacco. There is also a proposed nicotine cap of 0.99 mg per pouch – far lower than limits in most other European Union countries.
The National Commission of Markets and Competition (CNMC) has now asked for greater evidence to support some of the measures included in the decree, which was sent to the regulator in November.
The rules ‘affect market competition’
The CNMC has said the decree affects market competition by banning flavours, setting common labelling requirements and imposing a limit on nicotine pouch strength.
It points out that there is no other European country where pouches containing less than 0.99mg are marketed. It also says the Ministry of Health does not provide in the decree “a justification that explains why the amount in question is fixed.”
Meanwhile, the Ministry of Health has said the scientific evidence on the use of flavourings in vapes and pouches “is clear.” The department, which is led by Minister of Health Mónica García, told The Economist newspaper (translated from Spanish): “It is an element with the ability to attract young non-smokers to the consumption of tobacco and related products.”
Ministry of health must justify nicotine limit on pouches
Regarding nicotine pouches, the department said: “The addictive capacity of the same [pouches] obliges [us] to regulate the contents of said bags to adapt it to the content of other medical devices that are used for the treatment of smoking addiction, such as patches or chewing gum.”
The ministry has given manufacturers a period of 10 months to adapt to the new rules on ingredients, labelling and packaging. It has given 12 months for retailers to sell any remaining products that they have in stock under the previous regulations.
The CNMC has asked the ministry to give adequate reasons for why it believes these transitional periods are sufficient.
Beach vape ban overturned
It comes after a high court last week overturned a vaping ban on Barcelona’s beaches following a successful appeal from anti-smoking campaigners.
The Former Smokers Association appealed against the local legislation that has been in force since July 2022. Being caught vaping or smoking on the seafront of the Spanish capital has carried a heavy €2,000 fine.
The High Court of Justice of Catalonia (TSJC) ruled that the city council does not have powers to regulate vaping on Barcelona’s beaches. While vaping is now permitted across the city’s 10 beaches, the ban on smoking remains in place.
Spain has already introduced an excise duty on e-liquids, nicotine pouches and similar smoke-free alternatives, making them less accessible – particularly for lower-income groups, who are most affected by smoking.A recent report warns the country risks undoing a recent drop in smoking rates by heavily restricting safer alternatives.
