Spain Tries to Ban Pouches — And the EU Isn’t Having It

Spain’s Ministry of Health, led by Mónica García, has quietly launched one of the most extreme anti-nicotine measures in Europe — and now other EU countries are fighting back.

The new draft Royal Decree, currently under EU notification (TRIS 2025/0044/ES), proposes two key things: a total ban on all nicotine pouch flavours and a nicotine cap of 0.99mg per pouch — one of the lowest in Europe. It’s a move that would effectively wipe these products off the Spanish market overnight.

Let’s be clear: this isn’t regulation. It’s a ban in disguise.

And the rest of Europe sees it for what it is.

Governments across the EU are now lining up to reject Spain’s proposal. Romania, Italy, Hungary, Greece, Sweden, and Czechia have all issued formal objections to Brussels, arguing that this policy violates the core principles of the EU itself — especially the free movement of goods under Article 34 of the TFEU.

Romania put it plainly: “Imposing a threshold as low as 0.99mg is an indirect prohibition.” They called out the lack of public health evidence, the disregard for less restrictive options, and the complete absence of a proper transitional period for manufacturers. They even warned that this decree could increase illegal trade, reduce tax revenue, and — wait for it — harm public health.

Why? Because when governments ban the safer option, they push people back to the dangerous one: cigarettes.

Mónica García’s team claims this is all about “modernizing regulation.” But the reality is much simpler: they’re cracking down on nicotine pouches precisely because they’re working. These products don’t burn, don’t smell, and don’t bother anyone. They’re clean, discreet, and for many people — including myself and my grandmother — they work.

And that, apparently, is unacceptable.

What’s even more outrageous is that Spain is trying to go beyond what EU law even allows. The TPD (Tobacco Products Directive) doesn’t cover nicotine-free vapes, pouches, or herbal products — but this decree does. It imposes tobacco-style warning labels, packaging restrictions, and flavour bans on products that aren’t even legally defined as tobacco. Spain is not only regulating in a legal vacuum — it’s trying to fill it with prohibition.

And they’re doing it without data.

The Spanish Competition Authority (CNMC) already blasted the Ministry for pushing this proposal without any serious evidence. No public health justification. No impact assessment. No analysis of what this will do to consumers who rely on pouches to stay off cigarettes.

The EU’s own transparency system now shows exactly how isolated Spain is. Most EU countries — including Sweden, the only nation approaching a smoke-free status — allow pouches with up to 20mg of nicotine per pouch. Spain wants to slash that by 95%. Why? No one knows. Because no one at the Ministry seems willing to answer.

This isn’t about health. It’s about image. It’s about looking “tough” on nicotine — even if that means driving people back to smoking.

At Considerate Pouchers, we believe in regulation that actually helps people quit. We believe in giving consumers real options. And we believe that if governments want fewer smokers, they should stop banning the things that help people quit smoking.

Because this isn’t a public health strategy.

It’s prohibition with a press release.