Spain’s National Market and Competition Commission (CNMC) has strongly criticized the draft tobacco product regulation proposed by the Ministry of Health. The commission says that the taste ban, uniform labeling, and content limits for vapes and nicotine packs lack scientific basis, could harm market competition, and tend to be inconsistent with EU regulations.
Key points:
1. The CNMC criticized the draft of the Ministry of Health, saying that although it aims to solve public health problems, it seriously affects competition in the tobacco market, especially the production and sale of vapes and nicotine packs.
2. CNMC questioned the lack of scientific basis for the draft measures such as the ban on the taste of vapes and nicotine bags, uniform labeling, and nicotine bag content restriction, and did not explore alternative solutions with less impact on competition.
3. The CNMC warned that the draft was inconsistent with EU regulations and could cause business problems. It recommended strengthening public awareness campaigns and banning the sale of tobacco to minors, stressing that regulatory measures should be in line with good regulatory principles and implemented by law rather than royal decree.
Spanish Regulator Refutes Vape Flavor Ban
According to Huffington reported on April 10, Spain’s National Market and Competition Commission (CNMC) recently issued a strong criticism of the draft royal decree proposed by the Ministry of Health on the regulation of tobacco products and related products.
The CNMC acknowledged the need to address the public health problems caused by smoking but questioned the appropriateness of the proposed measures. According to the report, the proposed restrictions significantly affect competition in the tobacco market, in particular by imposing restrictions on the production and sale of products such as vapes and nicotine packs.
Lack of scientific basis undermines market competition
The CNMC’s main criticism centers on the ban on flavors other than tobacco in vapes and nicotine packs. The CNMC said the measure lacked empirical support and that less restrictive alternatives that would minimize anti-competitive effects had not yet been explored. In addition, the report noted that the requirement for uniform labeling of cigarettes and tobacco, and the limit of 0.99 mg per packet for nicotine packs, were not scientifically justified.
The CNMC also questioned the proportionality of the proposed measures, saying other regulatory options that could be just as effective but have less impact on competition have not been adequately assessed. The report recommends increased public awareness campaigns and a ban on the sale of tobacco to minors as a viable alternative.
Another point of contention is the inconsistency with European regulations. The CNMC warns that the proposed measures may differ from future EU regulations under review by the European Commission, which could add unnecessary hassle and complexity for manufacturers and sellers of tobacco products in Spain.
The report stresses that any measures to restrict market competition must be in the public interest and line with the principles of good regulation, such as necessity, proportionality and non-discrimination. In addition, any measure affecting the freedom of enterprise should be implemented by law and not by royal decree.
