Tobacco regulations have fallen short. They don’t just smoke cigarettes anymore. Nicotine is consumed with bags that stick to the gum, with electronic devices that heat tobacco or with raspberry, banana or vanilla flavored vapes. The market has also been flooded with new products without nicotine or tobacco that are inhaled with the appearance of an innocent ‘candy’, despite not being free of risks. Its consumption is fashionable and growing dangerously among the adolescent population.
The Comprehensive Plan for the Prevention and Control of Smoking has targeted not only tobacco but this new market that is growing amidst regulatory gaps. Yesterday the Ministry of Health took a new step and brought to public hearing a royal decree that defines and regulates for the first time this entire new universe of smoking devices and will impose the much announced generic packaging on cigarettes and rolling tobacco, as already other European countries have done. The new regulations may receive contributions until December 13.
The Ministry of Health justifies that its objective is to improve the protection of public health through stricter regulation adapted to the current market reality. «There are products with or without tobacco, with or without nicotine, with or without electronic components and even with hybrid aspects that make their cataloging difficult. This diversity represents a challenge and requires an appropriate technical response,” says the Ministry of Health in a statement.
This is only a first step because the most controversial measures do not appear in this decree and the Ministry of Health wants to be more ambitious in the regulation of tobacco. For example, we want to expand the list of smoke-free spaces where you cannot smoke or vape, restrict the promotion and advertising of tobacco products, or prohibit disposable vapes. Mónica García has raised her intention to prohibit smoking in spaces such as the outdoor terraces of bars and restaurants or on beaches and children’s areas. He has also pointed out the need to raise the price of tobacco, via taxes. But all this will still have to wait for a new law.
The main novelties of the royal decree that is now out for public hearing are these:
Plain packaging: one shade fits all
Goodbye to products with attractive and branded packaging that encourage consumption. There will be a unique model of cigarette and rolling tobacco pack. Distinctive design elements and attractive colors are eliminated as France or the United Kingdom have already done. The outer packaging of cigarettes and rolling tobacco will have a single color tone and will only display health and environmental warnings. On electronic devices, the use of attractive colors and designs that attract the attention of minors is prohibited.
A leaflet for vapers
There will also be labeling requirements for electronic cigarettes or vapes. A list of ingredients and health warnings similar to those already present on traditional tobacco will be established. If they contain nicotine, they will be accompanied by this legend: «This product contains nicotine, a very addictive substance. Its consumption is not recommended for non-smokers. Those that do not contain nicotine must warn: “Consuming this product is harmful to your health.”
It will also be accompanied by a type of leaflet, like the one that medicines have, or an informative leaflet with information on use, possible side effects, contraindications and the advice not to use it for young people and non-smokers.
Neither strawberry nor vanilla: only tobacco flavor
The new regulations prohibit the aromas and flavors that accompany vapers, such as vanilla, strawberry, banana flavors…. Only ingredients with tobacco aromas and flavors will be allowed, even if they do not contain nicotine. The ultimate goal is to prevent artificial flavors from attracting the young population and non-smokers.
Less nicotine in Swedish snus
The royal decree regulates for the first time nicotine bags or ‘snus’, one of the products most consumed by young people in Sweden, which has also broken into Spain. They are not smoked or inhaled, they are used by placing them on the gum, as if it were chewing tobacco. Anti-smoking organizations had reported that they generate addiction and damage the gums of consumers. When the decree is approved, only the marketing of bags with a maximum nicotine dose of 0.99 mg per sachet will be allowed.
Heated herbs with labeling and without CBD or taurine
Now not only heated tobacco is smoked, but also herbs that are inserted into electronic devices. Natural herbs such as sage, radula or kratom are ‘smoked’, alone or mixed with other substances such as CBD. Vaporizers heat each substance to the right temperature, which releases the essential oils without combusting the plant matter. They are often promoted as a “healthier experience than smoking”, but they do not escape Health regulation. Thus, safety, labeling and marketing requirements are established. The introduction of more than 5 mg of nicotine per unit and additives such as caffeine, taurine, CBD or other stimulants associated with energy or relaxation are prohibited.
The Ministry establishes a transition period for manufacturers and marketers to adapt to the new labeling, packaging and manufacturing standards. They have ten months, while businesses are given up to a year of margin.
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