Spain’s Competition Authority Questions Disposable Vape Ban

Key Points

• Spain’s CNMC reviewed the draft reform of the Tobacco Law;
• The draft includes a ban on disposable e-cigarettes;
• CNMC questions the environmental rationale for a full ban;
• Advertising and promotion limits may affect market competition;
• The legislation is pending parliamentary review and not yet in force.

2Firsts, December 17, 2025 –According to Cincodias, Spain’s National Commission on Markets and Competition (CNMC) has called for a reconsideration of certain measures proposed by the Ministry of Health in the draft reform of the Tobacco Law.

The reform seeks to regulate tobacco-related products that previously lacked a specific legal framework, including electronic cigarettes, oral nicotine pouches, and herbal products used for smoking, vaporising, or inhalation. All such products would be treated the same as conventional cigarettes, regardless of nicotine content.

In a report issued on November 18, the CNMC suggested assessing whether less restrictive alternatives could achieve the intended public interest objectives, particularly regarding the proposed ban on disposable e-cigarettes. The government has justified the ban on environmental grounds, citing waste generation, electronic components, and limited recyclability.

The CNMC questioned the classification of disposable e-cigarettes as non-recyclable and proposed instead requiring companies to manage the waste generated by their products, along with increased public awareness of proper disposal.

The draft law would also extend existing advertising restrictions for conventional cigarettes to all related products. The CNMC warned this could create competitive imbalances, as tobacconists would be allowed to advertise inside their shops, while other retailers could sell the products but not advertise them.

The reform further limits promotional discounts to a maximum of 5% of the product price. The CNMC cautioned that given the low prices of tobacco-related products, this would amount to only a few euro cents and could freeze the market, reducing investment in innovation, including harm-reduction initiatives.

The CNMC also noted that unlike traditional cigarettes, e-cigarettes do not have a fixed retail price, meaning price definitions would be required to enforce promotion limits. The authority advised against uniformly applying tobacco regulations to all products and instead recommended applying good regulatory principles on a product-by-product basis.

Finally, the CNMC highlighted that the proposed measures are not currently reflected in EU regulation, which is under review, and recommended coordinating legislative processes to minimise compliance costs. The CNMC did not comment on other measures in the draft law, such as smoking bans on terraces or restrictions on use by minors.

Image source: Cincodias