Spain Hits Pause – Nicotine Legislation Put on Hold

Spain was set to become one of Europe’s most restrictive countries for nicotine pouches and other nicotine products. Now, those plans have been put on hold.

The Spanish Parliament has officially been dissolved, meaning the government’s proposed amendments to the country’s main tobacco law, Law 28/2005, have automatically been shelved. The legislation included sweeping changes affecting tobacco products, vaping products and nicotine pouches.

The development marks yet another setback for the far-reaching restrictions the Spanish government has sought to introduce as part of its new tobacco control strategy.

Restrictions Caught in Political Gridlock

The dissolution of Parliament means the proposed legislation can no longer move forward, and the entire legislative process will have to be restarted by a future government.

A separate proposal to amend Royal Decree 579/2017, which regulates the marketing and sale of tobacco and nicotine products in Spain, also appears likely to face delays. In theory, the decree could still be adopted by the caretaker government. However, such decisions are generally reserved for urgent and exceptional circumstances. Given the sweeping changes proposed for tobacco products, vaping products and nicotine pouches, this process is also likely to be left to the next government.

An Uncertain Future for Nicotine Pouches

In recent years, the Spanish government has pursued one of the EU’s most restrictive approaches to nicotine pouches. Previous proposals have included extremely low nicotine limits, flavour bans and extensive restrictions on alternative nicotine products. At the same time, the authorities have faced strong criticism from consumers and industry stakeholders alike. More than 4,000 submissions were received during the consultation process on earlier proposals.

Earlier this year, the government was also forced to retreat from its original proposed nicotine limit of just 0.99 mg per pouch, raising the threshold to 4 mg following widespread criticism.

A Wider European Pattern?

Developments in Spain could have implications far beyond its borders. As the EU prepares to revise the Tobacco Products Directive (TPD), several member states have sought to introduce increasingly restrictive national regulations on nicotine pouches and other smoke-free alternatives. But Spain’s political deadlock also highlights the difficulties of pushing through sweeping restrictions when they face opposition from consumers, businesses and parts of the political establishment.

For now, the dissolution of Parliament means the planned regulations have been put on the back burner. The question is not whether the debate will return, but where it will take place. With the European Commission expected to present its proposal for new tobacco and nicotine legislation towards the end of the year, the next major battle may unfold not in Madrid, but in Brussels. A change of government in Spain could also pave the way for a more pragmatic approach to nicotine regulation.

For Europe’s nicotine pouch users, the latest developments offer at least a temporary reprieve.