CNMC Criticizes Health Ministry's Tobacco Regulation Draft

Apr.11.2025
CNMC Criticizes Health Ministry's Tobacco Regulation Draft
CNMC criticizes draft health laws in Spain for impacting tobacco market, particularly e-cigarettes and nicotine pouches.

Key points:

The National Markets and Competition Commission (CNMC) of Spain has criticized the draft proposal by the Ministry of Health, stating that while it aims to address public health issues, it severely impacts competition in the tobacco market, particularly in the production and sale of e-cigarettes and nicotine pouches.

CNMC questions the lack of scientific basis for the proposed ban on e-cigarette and nicotine pouch flavors, as well as the proposal for standardized labeling and nicotine content limits. They also criticize the failure to explore alternative solutions that would have a lesser impact on competition.

The CNMC has warned that the draft legislation is not in line with EU regulations, which could cause trouble for businesses. It is recommended to strengthen public awareness campaigns and prohibit the sale of tobacco to minors, emphasizing that regulatory measures should adhere to good regulatory principles and be implemented through laws rather than royal decrees.


According to a report from the Huffington Post on April 10, the Spanish antitrust agency National Commission on Markets and Competition (CNMC) has strongly criticized the royal decree draft proposed by the Ministry of Health, which aims to regulate tobacco and related products.

 

The CNMC recognized the necessity of addressing public health issues caused by smoking but questioned the appropriateness of the proposed measures. According to the report, the proposed restrictions significantly impact competition in the tobacco market, particularly by placing restrictions on the production and sale of products such as e-cigarettes and nicotine pouches.

 

Criticism of CNMC focuses primarily on the ban on flavors other than tobacco in e-cigarettes and nicotine pouches. CNMC argues that this measure lacks empirical support and has not explored less restrictive alternatives that could minimize anti-competitive effects. Additionally, the report points out that the requirement for cigarettes and tobacco to have uniform packaging, as well as the limitation of nicotine pouches to a maximum of 0.99mg per pouch, lack sufficient scientific basis.

 

The CNMC also questioned the proportionality of the proposed measures, stating that other regulatory options that are equally effective but have less impact on competition were not adequately considered. The report suggests strengthening public awareness campaigns and banning the sale of tobacco to minors as feasible alternative solutions.

 

Another point of contention is the inconsistency with European regulations. The CNMC has warned that the proposed measures may diverge from future EU regulations that are currently under review by the European Commission, which could potentially add unnecessary trouble and complexity for manufacturers and retailers of tobacco products in Spain.

 

The report emphasizes that any measures restricting market competition must be in the public interest and adhere to principles of good regulation, such as necessity, proportionality, and non-discrimination. In addition, measures affecting business freedom should be implemented through laws rather than royal decrees.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

FDA Posts Environmental Assessment for Nicotine Pouches, May Influence Future PMTA Reviews
FDA Posts Environmental Assessment for Nicotine Pouches, May Influence Future PMTA Reviews
The U.S. Food and Drug Administration released a programmatic environmental assessment covering nicotine pouches and other oral nicotine products, concluding that their overall environmental impact is generally minimal.
Regulations
May.22
Australia’s Tobacco Tax Debate Intensifies as One Nation’s Barnaby Joyce Warns of Illicit Market Growth
Australia’s Tobacco Tax Debate Intensifies as One Nation’s Barnaby Joyce Warns of Illicit Market Growth
Australian One Nation MP Barnaby Joyce has criticised continued tobacco excise increases, arguing that higher taxes are driving consumers toward illicit tobacco markets and benefiting organised crime groups.
Regulations
Jul.13 by 2Firsts Perspectives
China Tobacco Yunnan Patent Describes Cigar Flavor Granules With Encapsulation Rate Above 77%
China Tobacco Yunnan Patent Describes Cigar Flavor Granules With Encapsulation Rate Above 77%
According to public records from China’s National Intellectual Property Administration, a patent application filed by China Tobacco Yunnan Industrial Co., Ltd. for “cigar flavor granules” was published on May 12, 2026. The filing proposes purifying an ethanol extract of cigar tobacco leaves using LX-8 macroporous resin, followed by encapsulation with maltodextrin and sucrose fatty acid ester to improve smoking comfort, reduce dryness and enhance aroma release stability in reconstituted tobacco.
Jun.10
 Zyn Emerges as MAGA Cultural Symbol Amid FDA Policy Shift
Zyn Emerges as MAGA Cultural Symbol Amid FDA Policy Shift
According to The Wall Street Journal, nicotine pouch brand Zyn has rapidly gained popularity across the Trump administration and conservative political circles, including among U.S. Health Secretary Robert F. Kennedy Jr.
Business
May.20
Putin Signs Russia’s Tobacco and Nicotine Product Licensing Law, Banning Unlicensed Sales From 2027
Putin Signs Russia’s Tobacco and Nicotine Product Licensing Law, Banning Unlicensed Sales From 2027
Russian President Vladimir Putin has signed a law introducing mandatory licensing for wholesale and retail trade in tobacco and nicotine-containing products, with the system taking effect on October 1, 2026, and unlicensed operations banned from March 1, 2027, while vape and e-liquid retail may also face uncertainty from temporary regional sales-ban powers.
Jul.01
FDA 2025 NYTS: Youth E-Cigarette Use Declines but Unauthorized Disposables Remain Prominent; Nicotine Pouch Use Stays Low
FDA 2025 NYTS: Youth E-Cigarette Use Declines but Unauthorized Disposables Remain Prominent; Nicotine Pouch Use Stays Low
The U.S. Food and Drug Administration (FDA) released its 2025 National Youth Tobacco Survey analysis, saying about 2.01 million U.S. middle and high school students currently used any tobacco product; among current youth e-cigarette users, unauthorized disposable brands including Geek Bar, Elf Bar, Lost Mary and Raz had high reported shares, potentially making them a focus for future enforcement.
Jun.24