LANGUAGE
Last updated: December 3rd 2021

Regulated Contents in Cigarettes

Regulatory Authority

Are contents and/or ingredients of cigarettes regulated?

Yes
Regulatory Authority:

General State Administration

Analysis

The law authorizes the General State Administration to regulate products for human use, including those that may involve a risk to people's health, in compliance with the principle of health promotion.

Law Source, Section
Law 14/1986 of April 25 on General Health (as amended)
Arts. 6(1)(1), 24, 40(5), 40(6)
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Arts. 1(a), 5

Are cigarette emissions regulated?

Yes
Regulatory Authority:

General State Administration

Analysis

The law establishes that cigarettes marketed or manufactured in Spain may not have levels of emissions per cigarette higher than 10 mg of tar, 1 mg of nicotine, and 10 mg of carbon monoxide.

Law Source, Section
Law 14/1986 of April 25 on General Health (as amended)
Arts. 6(1)(1), 24, 40(5), 40(6)
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Arts. 1(a), 4(1)
Status of Regulated Ingredients in Cigarettes

Sugars and sweeteners

Some Restrictions

Examples of sugars and sweeteners include: glucose, molasses, honey and sorbitol.

Analysis

The law bans cigarettes containing "characterizing flavors," which are defined as those with distinctly noticeable smell or taste other than that of tobacco, including menthol and others that could be noticed before or during the consumption of the product. However, the law further states that additives essential for the manufacture of tobacco products, such as added sugar to replace the sugar lost during the curing process, are exempted from this provision, given that they do not result in a characterizing flavor or significantly increase the toxicity or addictiveness of the product. Because sugar may be used in cigarettes as long as it does not result in a characterizing flavor, the regulatory status code "Some Restrictions" is given.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it regulates ingredients used to increase palatability such as sugars and sweeteners in cigarettes.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Arts. 3(e), 5(1)(a), 5(2), 5(3)

Menthol, mint or spearmint (including analogues and derivatives)

Banned
Analysis

The law bans cigarettes containing "characterizing flavors," which are defined as those with distinctly noticeable smell or taste other than that of tobacco, including menthol and others that could be noticed before or during the consumption of the product.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it regulates ingredients used to increase palatability such as menthol, mint, or spearmint in cigarettes.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Arts. 3(e), 5(1)(a), 5(3), 5(5)

Spices and herbs (excluding mint)

Banned

Examples include: cinnamon and ginger.

Analysis

The law bans cigarettes containing "characterizing flavors," which are defined as those with distinctly noticeable smell or taste other than that of tobacco, including spices, herbs and others that could be noticed before or during the consumption of the product.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it regulates ingredients used to increase palatability such as spices and herbs (excluding mint) in cigarettes.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Arts. 3(e), 5(1)(a), 5(3)

Other flavorings (not covered above)

Banned

Includes fruit flavorings. Examples of flavoring substances include benzaldehyde, maltol and vanillin.

Analysis

The law bans cigarettes containing "characterizing flavors," which are defined as those with distinctly noticeable smell or taste other than that of tobacco, including an additive or a combination of additives, including fruits, alcohol, caramel, vanilla, among others.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that it regulates ingredients used to increase palatability such as other flavorings (not covered above) in cigarettes.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Arts. 3(e), 5(1)(a)

Ingredients that facilitate nicotine uptake

Banned

Examples include: ammonia.

Analysis

The law prohibits cigarettes containing additives that facilitate that facilitate inhalation or nicotine uptake.

The law furthers FCTC Arts. 5.2 and 9 in that it bans tobacco products with additives able to facilitate nicotine uptake.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Art. 5(1)(c)(4°)

Ingredients which may create an impression of health benefits

Banned

Examples include: vitamins, such as vitamin C and vitamin E, fruit and vegetables (and products resulting from their processing such as fruit juices), amino acids, such as cysteine and tryptophan, and essential fatty acids such as omega-3 and omega-6.

Analysis

The law bans tobacco products from containing vitamins or other additives that create the impression that a tobacco product provides health benefits or reduces health risks.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law prohibits the use of ingredients in cigarettes that may create an impression of health benefits.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Art. 5(1)(c)(1°)

Ingredients associated with energy and vitality

Banned

Examples include: caffeine, guarana, taurine and glucuronolactone.

Analysis

The law bans tobacco products from containing caffeine, taurine, or other additives and stimulating compounds associated with energy and vitality.

The law aligns with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law prohibits the use of ingredients in cigarettes that are associated with energy and vitality.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Art. 5(1)(c)(2°)

Additives that have CMR properties in their unburnt form

Banned
Analysis

The law bans tobacco products from containing additives that have carcinogenic, mutagenic, or reprotoxic properties (CMR) in their unburnt form.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Art. 5(1)(c)(5°)

Additives that have coloring properties for emissions

Banned
Analysis

The law bans tobacco products from containing additives that have coloring properties for emissions.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Art. 5(1)(c)(3°)

Filters, papers, or capsules containing tobacco or nicotine

Banned
Analysis

The law prohibits cigarettes that contain tobacco or nicotine in filters, papers, or capsules.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Arts. 5(1)(b), 5(3)

Technical features allowing the modification of the taste or smell of tobacco products or their smoke intensity

Banned
Analysis

The law prohibits the use in cigarettes of any technical features allowing modification of the taste or smell of the tobacco product or its smoke intensity.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Arts. 5(1)(b), 5(3)