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

Product | KT&G Expands lil AIBLE 3.0 Sales to Seoul Convenience Stores, Launches Two New AIIM Variants
Product | KT&G Expands lil AIBLE 3.0 Sales to Seoul Convenience Stores, Launches Two New AIIM Variants
According to South Korean media reports, KT&G has expanded sales of its heated tobacco device lil AIBLE 3.0 to convenience stores across Seoul starting May 13. The convenience-store version is offered in the exclusive OUD GRAY color. On the same day, KT&G also launched two new dedicated consumables for the lil AIBLE platform—AIIM REMIX and AIIM ICESPOT—at convenience stores nationwide, each priced at KRW 4,800.
Market
Jun.01
Maine Approves Vape Stewardship Bill Requiring Producers to Manage End-of-Life Devices
Maine Approves Vape Stewardship Bill Requiring Producers to Manage End-of-Life Devices
The Maine Legislature has passed LD 1519, a bill that would establish a producer-funded stewardship program for electronic smoking devices, requiring manufacturers and importers to manage the collection, transportation, recycling and disposal of end-of-life products, particularly disposable vapes containing lithium-ion batteries.
Jun.12
From myblu to Zone: Imperial Brands Refocuses NGP Strategy in HY26
From myblu to Zone: Imperial Brands Refocuses NGP Strategy in HY26
mperial Brands’ HY26 results point to a more selective NGP transition. The company is using cash flow from traditional tobacco to fund targeted investments in modern oral nicotine, heated tobacco and reusable vaping systems. Its decision to exit the legacy myblu vaping business in the U.S., while expanding Zone nicotine pouches. In Europe, Imperial’s NGP growth is being driven by a multi-category portfolio including blu, Pulze and Zone/Skruf.
Special Report
May.12
BAT Shares Surge Nearly 6% as FDA Policy Shift Eases Pressure on Vuse and Velo
BAT Shares Surge Nearly 6% as FDA Policy Shift Eases Pressure on Vuse and Velo
British American Tobacco (BAT) shares rose sharply on May 12 after the U.S. Food and Drug Administration signaled it would deprioritize enforcement against certain unauthorized e-cigarette and nicotine pouch products with accepted premarket applications. Investors viewed the move as favoring established players such as BAT’s Vuse and Velo brands.
BAT
May.13
U.S. Convenience Stores Rebalance Backbar as Nicotine Pouches Outpace Cigarettes
U.S. Convenience Stores Rebalance Backbar as Nicotine Pouches Outpace Cigarettes
As cigarette volumes continue to decline, U.S. convenience-store operators are reconfiguring backbar space to accommodate modern oral nicotine products such as nicotine pouches. Industry data show nicotine pouches have become one of the fastest-growing nicotine categories while generating higher margins for retailers.
Jun.12
FDA Tobacco Center Plans Faster Review Process for Certain Supplemental PMTAs
FDA Tobacco Center Plans Faster Review Process for Certain Supplemental PMTAs
FDA Center for Tobacco Products Acting Director Bret Koplow issued a statement on May 7 outlining new steps to accelerate tobacco product premarket application review. The statement said CTP reduced the backlog of applications by approximately 70% in 2025 and that there is no longer a queue for PMTAs pending acceptance review.
May.09 by 2FIRSTS.ai