A widening coalition of EU member states is pushing back against Spain’s plans to impose sweeping restrictions on nicotine pouches and other smoke-free products, warning Brussels against adopting similar measures across the bloc.
The latest objections target Madrid’s updated proposal and follow an earlier wave of resistance from six EU governments representing almost 115 million citizens.
Spain’s January 2025 notification previously drew Detailed Opinions from Romania, Hungary, Czechia, Greece, Italy and Sweden, signalling broad concern across the bloc about the direction of its policy.
Taken together, the two episodes point to mounting unease over what critics describe as disproportionate and unscientific regulation of safer nicotine alternatives.
Undermining harm reduction
In both cases, objecting governments warned that Spain’s approach risks undermining strategies aimed at reducing the harm caused by tobacco, distorting the EU internal market and entrenching cigarette smoking by removing lower-risk options from adult consumers.
Under the EU’s Technical Regulation Information System (TRIS) procedure, the submission of Detailed Opinions requires the notifying country to respond formally and pauses the legislative process while concerns are assessed.
The mechanism is designed to prevent barriers to trade and ensure that national measures are compatible with single-market rules before they are adopted.
Growing frustration
Dr Delon Human, leader of Smoke Free Sweden and a former director-general of the World Medical Association, said the repeated objections reflect growing frustration with legislation that ignores evidence and real-world outcomes.
“There is a clear and growing revolt by member states against misguided policy, misinformation and bad science,” Dr Human said.
“When governments across Europe repeatedly object to the same restrictive approach, the message to Brussels should be unmistakable: legislative overreach on safer nicotine products is neither justified nor sustainable.”
‘Repeating past policy failures’
He warned that exporting Spain’s contested model into EU-wide law through a revised Tobacco Products Directive would repeat past policy failures.
“Europe cannot regulate its way to lower smoking rates by protecting cigarettes from competition,” Dr Human said. “The Commission should heed these warnings, respect national success stories like Sweden’s, and ensure future legislation supports harm reduction.
“Sweden is on track to become Europe’s first smoke-free country by encouraging smokers to switch to safer nicotine alternatives such as nicotine pouches. Policies that remove these proven options risk reversing public-health progress.”
Under EU law, the filing of Detailed Opinions triggers mandatory standstill periods, requiring Spain to respond and underlining the seriousness of the concerns raised.
