The Spanish National Market and Competition Commission (CNMC) has issued an assessment opinion on the draft reform of the Tobacco Law proposed by the Ministry of Health, recommending a re-examination of several measures. These include the proposed ban on the sale of disposable vapes and the full regulatory equivalence of vapes with traditional cigarettes. The CNMC argues that alternative, less restrictive solutions should be considered to achieve public interest objectives and has raised concerns about advertising restrictions, promotion limits, and their potential impact on market competition.
Key Points Summary
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The Spanish National Market and Competition Commission has proposed amendments to the draft reform of the Tobacco Law.
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The draft reform aims to prohibit the sale of disposable vapes.
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The CNMC questions the characterization of disposable vapes as “non-recyclable.”
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The regulatory authority believes that complete equivalence with traditional cigarettes could negatively affect market competition.
Assessment Report Calls for Reconsideration of Proposed Measures
December 17, 2025 — According to Spanish media Cinco Días. The CNMC released an assessment report on the draft reform of the Tobacco Law proposed by the Ministry of Health, calling for a reconsideration of certain regulatory provisions.
Scope of the Draft Reform and Products Covered
The draft reform seeks to regulate products such as vapes that previously lacked a clear legal framework. Measures include banning the sale of disposable vapes and regulating vapes, oral nicotine pouches, and herbal inhalation products in the same manner as traditional cigarettes, regardless of nicotine content.
CNMC Questions Disposable Vape Ban and Recycling Claims
In its report, the CNMC recommends evaluating whether alternative measures with fewer restrictions could achieve the same public interest goals as an outright ban on disposable vapes. The Spanish government has justified the ban by citing the environmental burden of disposable vapes, which contain electronic components and highly toxic materials with limited recycling potential.
Proposal for Producer Responsibility and Public Awareness
The CNMC challenged the classification of disposable vapes as “non-recyclable” and suggested shifting toward a system in which manufacturers bear responsibility for managing the waste generated by their products. The agency also emphasized the importance of improving public awareness regarding proper waste disposal practices.
Extension of Advertising Ban to All Related Products
The reform draft proposes extending the existing advertising ban on traditional cigarettes to all related products. The CNMC warned that this approach could distort competition, as tobacco specialty stores would still be allowed to conduct in-store promotions, while other sales channels would be prohibited from any form of advertising.
Concerns Over Promotional Value Restrictions
The draft also limits promotional discounts for vapes to no more than 5% of the product price. The CNMC noted that because these products are already low-priced, such restrictions would reduce promotional values to only a few cents, potentially freezing market activity and discouraging investment, including in harm-reduction innovation.
Need for Differentiated Regulation and Pricing Clarity
The CNMC further cautioned that vapes differ from traditional cigarettes in that they do not have fixed official retail prices. If promotional restrictions are introduced, sales prices must first be clearly defined. The agency emphasized that regulatory frameworks designed for traditional tobacco products should not be applied uniformly to all products, and that differentiated regulation, in line with the principles of good governance, is necessary.
Background of the CNMC
According to publicly available information, the CNMC was established under Spain’s Ley 3/2013 of June 4, 2013, and operates as a legally constituted national regulatory institution.
