Market & legal data of the tobacco alternative sector in Spain

19th July 2024: Spain: On 17th July, the Ministry of Health opened for public consultation a bill to amend law 28/2005 on health measures against smoking and regulating the sale, supply, consumption and advertising of tobacco products. The bill seeks to implement some of the objectives set out in the Integral Plan for Smoking Prevention (PIT) 2024-2027, approved in April 2024 by the Council of Ministers. Although its specific provisions have not yet been developed, the bill seeks to improve the restrictions on advertising, promotion and sponsorship of tobacco and related products and to introduce restrictions on the sale and consumption of electronic cigarettes with or without nicotine and herbal products for smoking. Comments can be submitted to consultapublicatabaquismo@sanidad.gob.es by 15th August.
9th April 2024: Spain: The Ministry of Health has launched a public consultation on an amendment to decree 579/2017, which regulates e-cigarettes and tobacco products. It aims to address various aspects, including ingredients, packaging, and exposure to heated tobacco products. The amendment is expected to introduce neutral packaging. It is unknown whether the amendment will include restrictions in relation to nicotine pouches, which are currently unregulated. Ideas and proposals can be sent to consultapublicatabaquismo@sanidad.gob.es until 23rd April.
5th April 2024: Spain: Today the Ministry of Health will approve the Integral Plan for Smoking Prevention (PIT) 2024-2027, press reports. The final draft, which has not been made public yet, has incorporated 94% of the amendment proposals submitted by the autonomous regions. Among the rejected submissions was a proposal aimed at prohibiting using heated tobacco products in certain private places, such as cars. However, the list of public places where consuming heated tobacco products is prohibited will be extended.
12th March 2024: Spain: Minister of health Mónica García will present the Integral Plan for Smoking Prevention (PIT) 2024-2027 on Thursday (14th March) in front of the Public Health Commission, press reports. The plan, as it has been advanced, will increase the excise duties applicable to tobacco products and further restrict the consumption of heated tobacco in public places. The PIT also aims to regulate in more detail heated tobacco and other new forms of nicotine consumption. It is still uncertain whether it will envisage any action related to nicotine pouches.
29th January 2024: Spain: Minister of health Mónica García announced on Friday (26th January) in the Chamber of Deputies (lower chamber of parliament) that a bill amending the tobacco legal framework to impose further restrictions on vaping and new tobacco products will be introduced in the coming months, press reports. No specific details of the bill's content have been revealed. However, the bill is expected to impose more requirements on these products, such as neutral packaging, and further restrict their consumption in public places.
17th January 2024: Spain: Yesterday (16th January), the Council of Ministers approved the decree imposing the heated tobacco flavour ban. The definition of heated tobacco remains the same as in the Commission Delegated Directive (EU) 2022/2100. Although the Ministry of Health's press release states that combined health warnings will be required, the actual decree doesn't differ from the directive, which says that the combined health warnings would only be required when a product is classified as smoking. The new rules will enter into force three months from today.
12th December 2023: Spain: The Ministry of Health is aiming to further regulate electronic cigarettes and new tobacco products and establish tougher restrictions on using those products in public places, press reports. Health minister Mónica García said the ministry will implement the Comprehensive Plan for the Prevention and Control of Smoking 2021-2025, which was drafted during the previous legislative term and whose recommendations and measures have not been implemented yet. No mention has been made in relation to nicotine pouches.
20th November 2023: Spain: Following an urgent procedure, the Ministry of Health plans to request the State Council's opinion on the bill amending royal decree 579/2017, which regulates e-cigarettes and heated tobacco products (HTPs), in order to accelerate the approval process, press reports. The amendment aims to transpose the flavour ban and mandatory health warnings for HTPs imposed by Commission Delegated Directive (EU) 2022/2100. The directive should have been incorporated into EU member states’ frameworks by 23rd July 2023. The ban has been applicable since 23rd October 2023. The Ministry of Health has said that it still does not have a definitive draft of the bill.
17th November 2023: Spain: Yesterday (16th November), the Spanish parliament elected Pedro Sánchez as prime minister by absolute majority, press reports. After several months of negotiations following elections that took place in July 2023, the Socialist Party (PSOE) has formed a coalition government with the left-wing party Sumar and the support of all Spanish parliamentary parties, with the exception of the right-wing parties – the People’s Party (PP), Vox and the Navarre regionalist party (UPN). The continuation of the current ruling government may result in heavy restrictions for e-cigarettes, as the government had indicated in previous months its intentions to strengthen the regulatory framework for tobacco and e-cigarettes. PSOE also included the regulation of e-cigarettes in its election manifesto.
14th November 2023: Spain: Yesterday (13th November), the acting health minister, José Miñones, announced a bill will be introduced to amend royal decree 579/2017, which regulates e-cigarettes and heated tobacco products (HTPs). The amendment will transpose the flavour ban and mandatory health warnings on HTPs imposed by Commission Delegated Directive (EU) 2022/2100. No further details concerning the introduction of the bill have been revealed. Spain missed the deadline to implement the directive, which should have entered into force on 23rd October.
22nd September 2023: Spain: The Ministry of Health has launched a campaign warning against smoking and consuming heated tobacco products. The campaign is titled "Why do you smoke?" and it claims that "smoking is bad whatever you smoke". People can be seen consuming heated tobacco in the campaign's video.
24th July 2023: Spain: Despite most polls predicting an absolute majority for right-wing parties following yesterday's legislative elections, surprising results mean that it is possible that the incumbent government maintains power for the next four years, which would likely bring heavy restrictions for novel tobacco products. Nevertheless, due to the fragmentation of the parliament, it is likely that there will be another round of elections.

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