Spain’s Ministry of Health, led by the far-left Sumar party, has triggered a storm in Brussels with a draft bill that would impose sweeping restrictions on vaping products and nicotine pouches, measures that several EU member states argue breach the fundamental principle of free movement of goods.
The proposal includes a flavor ban, allowing only tobacco-flavored vapes, along with strict limits on nicotine content that would effectively outlaw nicotine pouches by capping them at 0.99 mg per pouch. Nicotine pouches currently exist in a regulatory gray zone not explicitly covered by the EU’s Tobacco Products Directive (TPD), which gives member states broad discretion on the matter—which of course leads to tensions among those who’d rather not let sovereign states make their own decisions.
So far, the plan has stalled amid strong objections from seven countries: Hungary, Italy, Romania, Sweden, Greece, Czechia, and Croatia, as well as from the European Commission. Under the EU’s principle of mutual recognition, products legally sold in one member state must generally be allowed in others, unless a genuine justification exists. Currently, vapes with flavors beyond tobacco are available in 18 Member States, while nicotine pouches are sold in 13.
“This is ideological posturing, not serious public health policy,” says Patrik Strömer, Secretary General of the Association of Swedish Snus Manufacturers. He argues that Spain’s justification lacks scientific rigor and falls short of the EU’s proportionality standards. Rather than relying on up-to-date risk assessments, it leans on alarmist rhetoric and selectively chosen sources, he told Snusforumet, “They call tobacco an ‘epidemic,’ which is a false analogy … Tobacco use is not an infectious disease. And across the OECD, nicotine consumption is falling—not rising.”
Sandra Gallina, Director-General of the Commission’s DG SANTE, wrote to Spain’s Foreign Minister warning that some of the proposed restrictions were so poorly designed they could backfire and harm public health. One example is Spain’s plan to ban unsafe vape ingredients only if they appear on an existing EU chemical list, potentially allowing other dangerous substances to slip through unregulated.
Italy delivered one of the strongest rebukes, stating “the provisions of the Spanish legislation in question are significantly inconsistent with respect to the fundamental principle of the free movement of goods in the European single market. The measure would consequently lead to the introduction of a trade barrier in the internal market, which would negatively impact the key harmonization objectives set by European law.”
Greece echoed the criticism, urging amendments: “we request that the above provisions be amended by Spain in order to ensure compliance not only with the objectives of public health protection but also with the fundamental principles of free movement of goods and free competition.”
What has raised eyebrows further in Brussels is Spain’s insistence that it will not revise the bill despite the concerns. Normally, Member States adapt draft measures after receiving feedback from EU partners and the Commission. Stakeholders in countries such as Romania have expressed surprise at Madrid’s inflexibility.
The matter is now in the Commission’s hands, which can request Spain to amend the text or face the prospect of member states challenging Madrid in court. As tensions mount, the dispute highlights the delicate balance between national health policy and the EU’s core market freedoms with Spain’s stance setting up a possible legal showdown in Luxembourg.
