Spanish Flavor Ban Consultation Ends Dec. 13th

Spain has issued a Draft Royal Decree, which modifies an existing tobacco control decree. The draft proposes a ban on non-tobacco-flavored vaping products, and a de facto ban on nicotine pouches.

The government launched a public consultation on the decree in late November, and will accept responses until Dec. 13. 

Spanish vape advocacy group ANESVAP (Spanish Association of Personal Vaporizer Users) has an excellent page providing advice for consumers responding to the consultation. 

The very brief comment period (23 days) is intended to reduce participation, allowing the health ministry to claim that supporters (which will be dominated by tobacco control and public health groups) outweigh opponents of the legislation. The government employed the same tactic on its original flavor ban consultation earlier this year, providing just 15 days for public comment.

What will the decree do?

Aside from banning all vape flavors except tobacco, the decree also would mandate that vapes must be unbreakable and leak-free, and deliver a constant dose of nicotine.

It also would impose the same restrictions on nicotine-free e-liquid as nicotine-containing products, would limit nicotine-free e-liquids to 10 mL bottles, and would mandate “plain packaging” for all e-liquids.

The decree would ban non-tobacco-flavored nicotine pouches, and would also limit nicotine content to 0.99 milligrams per pouch—a ridiculously low level that would make the products useless and unmarketable. 

The effect of the decree will be an end to the legal vape industry, and the rise of a massive black market for both vapes and pouches.

A Spanish ban could affect the entire EU

Spain has over 47 million residents, making it the fourth most populous European Union country, and the EU's fourth-largest economy. A Spanish flavor ban could help influence the direction of EU vape policy when an updated Tobacco Products Directive (TPD) is debated and voted on next year.

If more EU countries adopt flavor bans, EU regulators—who already want to stamp vaping out—will be even keener for rules that “harmonize” regulations across the EU. Denmark, Estonia, Finland, Hungary, Lithuania, the Netherlands, and Slovenia have already adopted flavor restrictions. Spain, if it passes the decree, would become the largest EU country with a flavor ban.