Spain toughens its fight against tobacco: what does the new government law include?
The government has approved a bill to expand smoke-free areas, ban smoking by minors, treat e-cigarettes like regular tobacco and tighten rules on their sale, advertising and sponsorship.
On Tuesday, Spain took a fresh step in its strategy to reduce tobacco consumption. The Council of Ministers has approved the draft law that reforms the rules in force since 2005 to adapt them to new consumption habits and to the emergence of products such as electronic cigarettes, nicotine pouches and shisha pipes.
The bill will now begin its passage through parliament in the Cortes Generales, where amendments may be added before its final approval. The reform is part of the Comprehensive Plan for the Prevention and Control of Tobacco Use 2024-2027 (source in Spanish) and represents the most significant update to anti-tobacco legislation in more than a decade.
The government’s aim is "to expand smoke-free areas, strengthen the protection of children and adolescents, and adapt legislation to new tobacco-related products", according to a statement (source in Spanish) from the Ministry of Health.
The government argues that the new rules also seek to close "legal loopholes" that had remained outside the existing legislation (source in Spanish) because of the rapid spread of new nicotine products.
New smoke-free spaces: terraces, beaches and outdoor venues
One of the main changes is the extension of places where smoking would be banned. If the law passes through parliament, neither tobacco nor e-cigarettes could be used on "the terraces of bars, restaurants and other hospitality venues, maritime and river beaches, public swimming pools, sports facilities, national parks, work vehicles (except when used exclusively for personal purposes) and venues hosting public events (...) even when they take place outdoors".
In addition, 15-metre "protection zones" will be created around the entrances to public buildings, hospitals, schools, universities, libraries, museums, sports facilities, cultural centres and playgrounds.
"Anyone who wants to have a coffee or enjoy their leisure time freely on a terrace should be able to do so without smoke from neighbouring tables being part of the menu," Health Minister Mónica García said at a press conference after the Council of Ministers, noting that smoking causes around 50,000 deaths a year, in Spain alone.
Minors: consumption banned as well as supply
The draft law introduces, for the first time, an explicit ban on the consumption of tobacco-related products by under-18s. Until now, the legislation only blocked their sale and supply, but did not specifically envisage minors being sanctioned for using them.
"According to Estudes 2025 (source in Spanish), the survey on drug use in secondary education in Spain, the prevalence of daily smokers among people aged 14 to 18 stands at 4.3%, the lowest figure in the entire data series since 1994. However, tobacco use in the last month in this same age group remains high, with a prevalence of 15.5%", the ministry notes in the statement.
The bill also maintains the ban on minors consuming nicotine pouches, although these products will not be covered by the extension of smoke-free areas planned for the other devices.
Electronic cigarettes: same restrictions and limited sales
The reform puts e-cigarettes and other tobacco-related products under the same regime as conventional cigarettes in all places where smoking is banned. The measure covers devices both with and without nicotine, as well as herbal smoking products, shisha pipes and other devices that imitate the act of smoking.
Another change is that the sale and supply of these products will be restricted to specialist shops, which will have to meet the requirements to be set later by the Ministry of Health in a ministerial order. These outlets will also be barred from displaying advertising or posters visible from outside.
The government has made several changes compared with the draft presented in 2025. Among them is, for now, the removal of the ban on disposable vapes, something that the United Kingdom has already done, and of generic packaging for cigarette packets. The executive still intends to reintroduce both measures during the parliamentary process, once European regulation has also moved forward.
Advertising and sponsorship: new restrictions
The draft law tightens limits on the advertising, promotion and sponsorship of tobacco and related products. The restrictions will extend to all media and formats, including vending machines, the internet and any form of promotion, whether "direct or indirect".
Advertising at points of sale will also be restricted. Tobacconists and specialist shops will not be allowed to use shop windows or posters visible from outside to promote these products.
In the audiovisual sphere, the rules will prevent presenters, contributors or guests from appearing smoking or showing tobacco products or related devices in "media outlets and audiovisual content". Nor may brands, logos or commercial references associated with these products be displayed.
Breaches and penalties
The reform updates the system of penalties to bring it into line with the new obligations set out in the law. Offences, according to local media, could be punished with fines ranging from 200 to 600,000 euros, depending on their severity.
For minors who break the ban on consuming tobacco or related products, fines for minor offences will start at 200 euros. According to the Ministry of Health, those fines may be replaced by community service.
Once the law has been finally approved and published in the Official State Gazette, it will enter into force 20 days later. Businesses and institutions will then have two months to adapt the signage for the new smoke-free areas.
