Spain’s competition watchdog, the CNMC, has officially challenged the Ministry of Health’s sweeping tobacco reform bill. In a report issued November 18, the agency urged the government to reconsider its outright ban on disposable vapes and warned against regulating e-cigarettes, nicotine pouches, and herbal products under the exact same framework as traditional tobacco.
The Ministry of Health originally justified the ban on single-use e-cigarettes by citing severe environmental impacts, specifically electronic waste and low recyclability. However, the CNMC questioned this categorization. Instead of a blanket prohibition, the watchdog suggested implementing less restrictive alternatives, such as forcing manufacturers to manage the waste they generate and increasing public recycling awareness.
The draft law, approved by the Council of Ministers in September and currently awaiting parliamentary processing, seeks to close regulatory loopholes that previously allowed vapes to be heavily promoted on social media and at music festivals. While agreeing on the need for regulation, the CNMC strongly opposes several specific mechanisms proposed by the Ministry.
| Regulatory Issue | Ministry of Health Proposal | CNMC Objection / Alternative |
|---|---|---|
| Disposable Vapes | Outright ban due to e-waste and toxicity. | Implement waste management obligations for producers instead of banning. |
| Advertising | Total ban outside of licensed tobacconists. | Creates unfair competition; tobacconists could advertise indoors while other retailers cannot. |
| Promotions | Capped at a maximum of 5% of the product’s price. | Will “freeze” the market and stifle harm reduction innovation; vapes lack fixed pricing models. |
The proposed 5% cap on promotions is a particular point of contention. Because vapes do not have fixed retail prices like traditional tobacco in Spain, applying this cap would force the creation of fixed pricing for all related products. The CNMC warned that limiting promotions to mere cents would reduce investment in innovation, including initiatives aimed at reducing the health harms associated with smoking.
Finally, the CNMC highlighted that these aggressive domestic measures preempt ongoing revisions to European Union tobacco regulations. The agency strongly advised coordinating Spain’s new laws with the upcoming EU framework to minimize adaptation costs for businesses.
