Market & legal data of the tobacco alternative sector in Spain

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.
12th November 2024: Spain: The ruling left-wing parties, Sumar and the Socialist Party (PSOE), have reached an agreement to raise the tax on tobacco products and establish an excise duty on nicotine products, press reports. The measure will be included within a tax reform package. They aim to implement an specific excise duty on nicotine pouches that would amount to €0.10 per g.
9th October 2024: Spain: The centre-right People's Party (PP) has introduced a motion in the Senate asking the government to develop a specific regulation for electronic cigarettes and other nicotine products, press reports. PP believes that their advertising should be further restricted and flavours should be limited. PP also thinks that nicotine pouches should be specifically regulated and that the sale of vaping and nicotine products should be limited to tobacconists.
30th August 2024: Spain: The Spanish Society of Pulmonology and Thoracic Surgery (Separ) has asked the government to ban nicotine pouches because of their supposedly adverse effects, press reports. The society said these products are highly addictive due to their high nicotine concentration and it considers them to be a pathway to tobacco addiction. Separ has asked the Ministry of Health to warn the population about the effects of nicotine pouches.
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.

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