August 2024. ETHRA submitted to Spain’s Draft Law for the modification of Law 28/2005. The Draft Law proposes a range of restrictions on safer nicotine products in order to “prevent the onset of tobacco consumption and related products and the promotion of healthy and smoke-free spaces”. See our submission below.
Thank you for the opportunity to comment on the Draft Law to amend Law 28/2005. Our submission is on behalf of the European Tobacco Harm Reduction Advocates (ETHRA), of whom Spanish consumer association Anesvap is a partner.
ETHRA is the voice of 27 million EU consumers of safer nicotine products (SNPs). The safer nicotine products we use include vapes, nicotine pouches, snus, and heated tobacco products. ETHRA is a consortium of 24 grassroots consumer associations in 17 European countries, supported by experts in tobacco control and nicotine research. We are a voluntary operation with no industry funding or conflicts of interest. Our transparency registration number is 354946837243-73.
We have read with interest the Ministry of Health’s consultation document on the Draft Bill to amend Law 28/2005. As people with lived experience of using safer nicotine products to quit smoking and remain smoke free, we have serious concerns that severely restricting flavours in vaping products will be detrimental to public health.
One of the main aims of the proposal is to “prevent the onset of tobacco consumption and related products and the promotion of healthy and smoke-free spaces” (Ficha Consulta publica, page 4). While we agree that preventing youth use is important, it shouldn’t come at the expense of restricting adult access to vaping products or discouraging smokers who could significantly improve their health by switching to a vastly safer product.
The public consultation document correctly highlights the serious health impacts associated with smoking and second-hand smoke but fails to acknowledge that non-combustible nicotine products pose a small fraction of the risk of smoking. It also fails to recognise that vaping is proven to be an effective means of smoking cessation for Spanish citizens .
Smoking prevalence in Spain is currently 33.1% , an astonishing 10 percentage points higher than the EU average. It is clear from the data that Spanish citizens who smoke should have more options to help them quit smoking, not fewer. A vape flavour ban would remove the most popular and effective means of smoking cessation from the market and prolong smoking and smoking associated disease and premature death.
In the attached document we briefly summarise our position and share relevant evidence that underpins our position.
Our full submission is available to read and download here