Spain’s Watchdog Rejects Proposed Ban on Disposable Vapes
The National Commission on Markets and Competition (CNMC), Spain’s independent competition regulator, has formally challenged key aspects of the Ministry of Health’s proposed tobacco law reform, specifically targeting the planned ban on single-use disposable vapes. In a report issued on November 18, the CNMC urged the government to reconsider the prohibition, suggesting that “less restrictive alternatives” should be evaluated to achieve general interest goals.
The Ministry of Health justifies the ban on disposable vapes primarily on environmental grounds, citing their high waste generation, electronic components, and toxicity with little to no recycling potential. However, the CNMC questions the categorization of these devices as non-recyclable. Instead of a total ban, the watchdog proposes implementing measures that compel manufacturers to manage the waste their products generate and increasing public awareness about proper disposal methods.
The draft regulation, approved by the Council of Ministers in September and currently pending parliamentary processing, aims to equate electronic cigarettes (with or without nicotine) and other related products to traditional tobacco. This would extend existing strict advertising restrictions to vapes. The CNMC argues this creates competitive inequality, particularly affecting non-tobacconist points of sale which would be barred from advertising products they are allowed to sell, unlike tobacconists who can advertise indoors.
Currently, the lack of specific regulation allows vapes to be promoted at concerts, festivals, and on social media by influencers, contributing to rising youth usage. The proposed law would ban all forms of direct or indirect advertising for vapes. Additionally, equating vapes to combustible cigarettes implies limiting promotional value to a maximum of 5% of the product price. The CNMC warns this could freeze the market and stifle innovation, including initiatives to reduce health harms.
Furthermore, the CNMC points out that unlike traditional tobacco, e-cigarettes do not have a fixed retail price, making the 5% promotion limit problematic to enforce without defining a standard price. The watchdog advises against a blanket equation of all tobacco-related products, recommending instead that “good regulation principles” be applied individually to each product category. It also notes that these proposed measures are not currently mandated by European regulation, which is itself under review, and suggests coordinating with EU norms to minimize adaptation costs for businesses.
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