Prohibition Does Not Work Submits Evidence-Based Response to Spain’s Proposed Tobacco Law

Prohibition Does Not Work has formally submitted comments to the Spanish Parliament in response to the Draft Bill amending Law 28/2005, which seeks to regulate the sale, supply, and advertising of tobacco and nicotine products.

In its submission, PDNW expressed deep concern that several provisions of the bill—particularly those banning single-use vaping products, restricting communication about reduced-risk alternatives, and hinting at future prohibitions on nicotine pouches—would undermine Spain’s public health goals by pushing consumers back toward cigarettes and empowering illicit markets.

The submission draws on extensive international data and polling, demonstrating that prohibition doesn’t eliminate demand—it merely hands supply to the black market including:

• A Tholos-commissioned IPSOS poll in Estonia, which found that nearly half of pouch users returned to smoking or turned to illicit products after a de facto ban.
• A 2024 Dynata survey of 500 Spanish pouch users, showing that 70% had quit smoking thanks to pouches and that 75% would either return to smoking or turn to black market products if a ban were imposed.

PDNW emphasized that single-use vapour products play a vital role as an entry point for adult smokers looking to quit. Removing them would disproportionately harm those least able to navigate complex refillable systems, leaving millions trapped in smoking.

The organization also cautioned against the bill’s proposed ban on advertising and communication about reduced-risk products. Far from being a mere commercial issue, PDNW argued, such a restriction would silence truthful public health information and prevent adult smokers from learning about safer alternatives—echoing the mistakes of past prohibitionist campaigns.

“Spain risks repeating the tragic mistakes seen in countries like Australia and Brazil, where bans on safer alternatives have led to criminal markets, increased youth access, and more smoking—not less. Effective public health policy is built on science and communication, not censorship,” said Tim Andrews, PDNW Spokesperson and Director of Consumer Issues for the Tholos Fondation. . “Spain should focus on enforcing age restrictions and ensuring product standards—not punishing adults who are trying to quit.”

Spain now joins a growing number of countries at a crossroads between evidence-based regulation and failed prohibition. PDNW’s submission urges Parliament to carefully consider the long-term public health, social, and economic consequences of the proposed bill—and to learn from international experience showing that regulation works, but prohibition fails.

The submission (in Spainish) may be downloaded here.