Spanish e-cigarette regulation in a nutshell
Spain joined the EU in 1986 and has been part of the Eurozone since its inception. It is a signatory of the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC), and it has tough anti-smoking regulations in place, yet it has a high prevalence of smoking by European standards. According to the most recent ECigIntelligence survey data, around 28% of adults smoke and a total of 1.4% are daily or occasional vapers.
The sale and use of e-cigarettes principally involves health and consumer protection concerns. Responsibility for these in Spain is traditionally shared between national and regional governments. Power belongs mainly to the regions, but central government has the capacity to establish common principles – which the regions must respect.
The regions have an important role overseeing retail outlets distributing e-cigs and ensuring the adequacy of potential adverse health effect monitoring. In addition, regions often establish their own agenda independently, especially those that have a very distinct identity or political reality.
The government has been working on a new regulation that will impose further restrictions on e-cigarettes and taxes. Details of the proposal will be published and the bill will be debated in Parliament this year. The Ministry of Health plans to have the regulation approved by 2022.
The authorities launched a campaign in 2019 entitled ‘El tobaco ata y te mata’ (tobacco binds and kills you), which aimed to raise awareness, particularly among young people. A year later, the Ministry of Health published the 2020 report on e-cigarettes, in which it denounced potential risks to health.
Some of the autonomous communities have also moved to regulate e-cigarettes, or at least start the process of regulating them, whilst some others have declared against it.