Draft Royal Decree Aims to Regulate E-Cigarettes and Nicotine Pouches

Spain's Ministry of Health has proposed a new royal decree that aims to ban flavored and aromatic vapes in an effort to steer the smoking devices away from the youngest sector of the population. The vaping craze has caught on among young people in Spain, causing issues with social interactions and becoming a gateway to smoking.

The ministry seeks to make vaping less attractive to young people by banning artificial flavors and smells, such as fruit, mint, and vanilla, which are seen as a major draw for this demographic. The new regulation will only allow tobacco flavorings in electronic cigarettes.

Labeling Requirements and Public Consultation

The decree also aims to regulate the labeling of electronic cigarettes without nicotine, requiring them to include a list of ingredients, health warnings indicating that their consumption is harmful to health, and a leaflet with information on contraindications and possible adverse effects.

The government launched a public consultation on the decree in late November, with a brief comment period of 23 days, set to end on December 13. Spanish vape advocacy group ANESVAP has provided advice for consumers responding to the consultation, arguing that the short comment period is intended to reduce participation and allow the health ministry to claim that supporters outweigh opponents of the legislation.

• Read more: Spain Proposes Tighter Disposable Vape Regulations

Potential Impact on the Vaping Industry and EU Policy

Aside from banning all vape flavors except tobacco, the decree would mandate that vapes must be unbreakable, leak-free, and deliver a constant dose of nicotine. It would also impose the same restrictions on nicotine-free e-liquids as nicotine-containing products, limit nicotine-free e-liquids to 10 mL bottles, and mandate "plain packaging" for all e-liquids.

The decree would ban non-tobacco-flavored nicotine pouches and limit nicotine content to 0.99 milligrams per pouch, a level that could make the products useless and unmarketable. The effect of the decree could be an end to the legal vape industry and the rise of a massive black market for both vapes and pouches.

As the fourth most populous European Union country and the EU's fourth-largest economy, Spain's potential flavor ban could influence the direction of EU vape policy when an updated Tobacco Products Directive is debated and voted on next year. If more EU countries adopt flavor bans, EU regulators may push for rules that "harmonize" regulations across the EU.

Also Read:EU Countries to Push for Outdoor Vaping and Smoking Bans