Market & legal data of the tobacco alternative sector in Spain

14th February 2025: Spain: The Spanish Society of Public Health and Health Administration (Sespas) is urging the government to raise tobacco prices and implement plain packaging to reduce smoking, especially among youth, press reports. While the first version of the draft amending royal decree 579/2017 initially imposed neutral packaging, the final version of the draft decree – which was notified to the EU Commission via the EU TRIS database on 27th January 2025 – has not included this requirement. On 28th January, the state secretary of health explained that they plan to introduce this obligation via an amendment of the Tobacco Law. Sespas has also stressed that Spain's tobacco prices are lower than neighbouring countries, making cigarettes more accessible.
4th February 2025: Spain: Today, on World Cancer Day, queen Letizia has emphasised the importance of preventing the use of tobacco and related products, such as e-cigarettes, which health authorities link to certain diseases, press reports. Speaking at an event by the Spanish Society of Radiotherapy Oncology (SEOR), the queen highlighted prevention as a key priority. She reaffirmed the goal of maximising patient survival and reducing cancer rates, acknowledging that the disease affects everyone.
31st January 2025: Spain: A few days ago, we reported that the newly approved tax on nicotine products would be applied retroactively from 1st January 2025. However, the Spanish government has decided to postpone the implementation of the new tax on e-cigarette liquids and other tobacco-related products to 1st April 2025, as published in the country’s official gazette today. Other last-minute changes include the liability for tax payment falling on wholesalers and importers, excluding retailers from the obligation to file and make payments. From 1st April, an excise duty of €0.10 per g will be applied to nicotine pouches and “other nicotine products”.
28th January 2025: Spain: The draft decree that would amend royal decree 579/2017, which regulates the manufacture and sale of tobacco and related products, that was notified to the EU Commission via the EU TRIS database has not included neutral packaging requirements for conventional cigarettes as initially planned. The state secretary of health explained the goverment plans to introduce this requirement via an amendment to the Tobacco Law instead. It opted not to include the measure under the amendment of royal decree 579/2017 to avoid possible delays in the process to approve the regulation of novel products that are currently unregulated, such as nicotine pouches. It is uncertain whether the government will opt to extend this requirement to heated tobacco.
27th January 2025: Spain: The draft decree that would amend royal decree 579/2017, which regulates the manufacture and sale of tobacco and related products, has been notified to the EU Commission via the EU TRIS database. The draft decree aims to regulate nicotine pouches and herbal heated products for the first time and subject them to notification, packaging and labelling requirements. If passed, the use of flavours other than tobacco in these products will be banned. Furthermore, nicotine pouches will not be able to be sold if their nicotine concentration exceeds 0.99 mg per bag. The nicotine concentration limit for herbal heated products is set at 5 mg of nicotine per stick. The draft also extends the list of places where the use of heated tobacco or herbal heated products is prohibited. The standstill period is until 28th April 2025.
27th January 2025: Spain: The excise duty on nicotine pouches has already been implemented despite the government's initial plans. On 15th December 2024, Spain introduced a new tax on liquids for e-cigarettes and other tobacco-related products, but on 26th December, its implementation was postponed until 1st April 2025 via a royal decree. However, on 22nd January 2025, the royal decree was repealed, resulting in the taxation on nicotine products being resumed retroactively from 1st January. This means that these products are now subject to an excise duty of €0.10 per g.
20th December 2024: Spain: The government has notified a bill proposing an excise duty on nicotine pouches and other nicotine products to the European Commission’s TRIS system. The excise tax would be set at €0.1/g.
20th December 2024: Spain: The Ministry of Health has extended the public consultation period for the draft decree that would amend royal decree 579/2017 until 22nd December. The draft decree regulates the manufacture and sale of tobacco and related products. It would regulate nicotine pouches and herbal heated products for the first time and subject them to notification, packaging and labelling requirements. If passed, the use of flavours other than tobacco in these products will be banned. Furthermore, nicotine pouches will not be able to be sold if their nicotine concentration exceeds 0.99 mg per bag. The nicotine concentration limit for herbal heated products is set at 5 mg of nicotine per stick. The draft also extends the list of places where the use of heated tobacco or herbal heated products is prohibited. Proposals and suggestions must be sent to informacion_publica@sanidad.gob.es under the subject “DG/87/24 APORTACIONES + (name of the entity or person)”.
13th December 2024: Spain: Today is the last day of the public consultation period for the draft decree that would amend royal decree 579/2017, which regulates the manufacture and sale of tobacco and related products. The draft decree would regulate nicotine pouches and herbal heated products for the first time and subject them to notification, packaging and labelling requirements. If passed, the use of flavours other than tobacco in these products will be banned. Furthermore, nicotine pouches will not be able to be sold if their nicotine concentration exceeds 0.99 mg per bag. The nicotine concentration limit for herbal heated products is set at 5 mg of nicotine per stick. The draft also extends the list of places where the use of heated tobacco or herbal heated products is prohibited.
4th December 2024: Spain: The minister of health, Mónica García, said at the EU’s Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) that the Spanish government aims to achieve a smoke-free generation by 2040. She also said that alternatives to tobacco products and vapes must be targeted as there is more scientific evidence of their threats to health.
22nd November 2024: Spain: Yesterday (21st November), the Ministry of Health published a draft decree that would amend royal decree 579/2017, which regulates the manufacture and sale of tobacco and related products. The draft decree would regulate nicotine pouches and herbal heated products for the first time and subject them to notification, neutral packaging and labelling requirements. If passed, the use of flavours other than tobacco in these products will be banned. Furthermore, nicotine pouches would not be able to be sold if their nicotine concentration exceeds 0.99 mg per bag. The draft also extends the list of places where the use of heated tobacco or herbal heated products is prohibited. The draft decree will be open for public consultation from today until 13th December.
21st November 2024: EU: Italy and Romania have issued a joint statement raising concerns about the procedure of the discussions on the proposal for a revision of the 2009 Council recommendation on smoke-free environments. The two countries say they regret the failure by the European Commission to present a proper impact assessment for this act as a basis for the Council to properly assess the proposed recommendations, which is also a concern the Spanish Association of Personal Vaporiser Users (ANESVAP) raised last month. Italy and Romania also flag that many of the significant comments and amendments proposed by EU member states have not been adequately considered and included in the text.

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