Mónica García Wants to Ban What Works. Literally.

A Disproportionate Regulation That Pushes Former Smokers Back to Cigarettes

Spain’s Ministry of Health claims it wants to protect minors. So far, so good. The problem lies in how. The new draft Royal Decree currently under EU notification proposes two radical measures: capping nicotine concentration in pouches at 0.99 mg and banning all flavors except tobacco. In practice, this amounts to a de facto ban on a product that hundreds of thousands of Spaniards use to reduce or quit smoking traditional cigarettes.

The Ministry’s logic is simple, yet flawed: if flavors might attract minors, eliminate them; if nicotine is addictive, reduce it to the minimum. But the consequences of this punitive approach won’t just affect violators — they will fall hardest on those consumers who have found in nicotine pouches a realistic, discreet, and far less harmful alternative to smoking. Protecting minors is crucial. But punishing consumers is not the way to do it.

The Data Is Clear: Consumers Use Nicotine Pouches to Quit Smoking

According to a new Dynata survey for the Tholos Foundation, two-thirds of nicotine pouch users in Spain chose them for health-related reasons — primarily to reduce or quit smoking. And 84% of respondents strongly oppose the Ministry’s proposed ban.

The survey also reveals a key point that the Minister seems to ignore: 90% of users believe flavors are essential to staying off cigarettes. Fruit and menthol variants, in particular, are perceived as more enjoyable and effective than the tobacco flavor, which many associate with the very habit they’re trying to leave behind.

Banning these flavors won’t prevent youth access — something better addressed through age verification, not blanket bans — but it will make it harder for adult smokers to quit.

One in Three Would Return to Smoking

Perhaps the most alarming finding in the study is this: if the regulation is implemented as proposed, one-third of users say they would go back to smoking cigarettes, while another third would seek to bypass the rule through online or cross-border purchases. Only 6% would quit nicotine altogether.

In other words, this policy won’t lead to fewer users — just users at greater risk. It would fuel the black market, weaken health oversight, and could end up increasing smoking rates rather than reducing them.

Yes, There Are Effective Ways to Prevent Youth Access

There is growing consensus across Europe — and among consumers themselves — about what actually works to keep minors away from nicotine products without punishing adult users. The Dynata survey shows strong support for policies such as tighter age checks at the point of sale, real penalties for vendors who sell to minors, and targeted educational campaigns.

These are the kinds of measures already working successfully in countries like Sweden, which is on the verge of becoming Europe’s first smoke-free nation — without resorting to outright bans.

Banning What Works Is Irresponsible

No one wants minors using nicotine products. But when good intentions turn into rigid, disproportionate decrees, we risk doing more harm than good.

The EU’s TRIS system has already received objections to this proposal from countries such as Romania, Italy, Sweden, Czechia, and Greece. Even Spain’s own CNMC has questioned the lack of empirical backing and the potential negative impact on the legal market. Banning flavors and reducing nicotine to ineffective levels is not protection. It’s pushing consumers back to smoke. It’s criminalizing those who’ve made the decision to quit.

Conclusion: Protect, Don’t Punish

If we truly want to protect young people, we must regulate with intelligence, not prohibitionist reflexes. Let’s promote education and responsible sales. But let’s not eliminate from the market the tool that has helped thousands of consumers leave cigarettes behind without relapsing.

Spain needs public health policies based on evidence — not fear. Because when you punish what works, you don’t protect the vulnerable. You condemn them.