The Ministry of Health has prepared the first rule of the new anti-tobacco plan: the royal decree which regulates the manufacture, presentation and marketing of tobacco and derived products. The text, which has just been made public and could be the subject of allegations in the coming weeks, already outlines concrete measures that the General Directorate of Public Health will implement when the regulation comes into force.
Some of them, such as all packs having the same color (generic packaging) or the ban on vapers of flavors, had already been announced. The project, however, reveals other important things that have not been realized until now. Nicotine pouches, for example, are being regulated for the first time (they were until now illegal) and the siege on electronic cigarettes is progressing. Once the royal decree is approved by the Council of Ministers, manufacturers will have ten months to adapt their products to the new obligations.
One color for the boxes
The royal decree includes plain packaging for the first time in Spain, although this measure is already applied in 22 countries with good results in reducing consumption. This involves replacing the current packs with others having the same appearance, with a single color – which will be fixed by ministerial decree – and the name of the brand in a common font. The aim is for cigarettes not to have attractive or differentiated packaging for the consumer.
Vapes and electronic cigarettes
Several of the measures in the standard concern these devices which, according to health and medical societies, serve as a gateway to tobacco for young people. Therefore, all products containing nicotine must carry the following message: “This product contains nicotine, a very addictive substance. Its consumption is not recommended for non-smokers.
If they do not contain nicotine, like most vapers, they must still warn: “Consuming this product is harmful to your health”, according to the project, already available on the ministry’s website.
As had been announced, in addition, flavorings or flavorings that give the product a pleasant flavor are prohibited. The ministry also intends to put an end to the sale of disposable vapes, as planned at the start of the year, but the measure is not contained in this royal decree. “This sets out exactly what they need to ban later in the law reform,” a Health spokesperson said.
Greater control of manufacturers
The Ministry of Health wants to control manufacturers of new tobacco products more closely. To this end, a register of companies is created “with the aim of collecting and organizing information concerning them and facilitating the exercise of administrative actions linked to their possible negative effects”.
In addition, producers will have to provide state health authorities in the first quarter of each year with the following information: sales data, information on the preferences of various consumer groups (including young people and non-smokers), how they sell their products and summaries of their market research. With this measure, the ministry intends to broaden its knowledge to detect whether it is used “as a gateway to nicotine dependence or traditional tobacco consumption”.
Nicotine and herb sachets
Nicotine pouches are single-use microfiber devices that are placed between the lip and gum. They allow you to absorb nicotine without having to light a cigarette. These products are already consumed in Spain – although at a lower level than in other countries such as Sweden – and until now they were in a situation of illegality because they were not common. With this new regulation, the ministry prohibits the marketing of sachets containing more than 0.99 mg of nicotine per sachet, containing other stimulants (caffeine or taurine) and including flavorings. The procedure is similar with heated herbs: they are prohibited from containing more than 5 mg of nicotine per unit, additives or flavorings. In both cases, “they must be fitted with child safety and be tamper-proof”.
