Spain to ban smoking and vaping in several public spaces

The Spanish Ministry of Health is preparing a major reform of its anti-smoking legislation. This new law, currently being drafted, plans to ban the consumption of tobacco and e-cigarettes in many public spaces: bar and restaurant terraces, company vehicles, campuses, swimming pools, and party venues. Other measures regarding flavors, the adoption of plain packaging, and increased penalties are included in the legislation, which aims to achieve a tobacco-free generation by 2040.[1].

New anti-tobacco and nicotine legislation in preparation

The Minister of Health, Mónica García, declared before Congress that there is “no no smoke without danger ", insisting that vaping products are not a risk-free alternative. She also criticized the e-cigarette industry for its use of attractive flavors and marketing campaigns that she said targeted new consumers.

The latest version of the bill prioritizes the " right of the non-smoking population to breathe unpolluted air ", while seeking to denormalize consumption, particularly that of new products.

The consumption bans will apply to all tobacco products, including shisha. Similarly, the defined regulations will concern all new forms of consumption, thus subject to the same restrictions as tobacco: electronic cigarettes with and without nicotine, herbal smoking products, nicotine pouches and any other device containing or not nicotine, whether natural or synthetic. Thus, the provisions will apply to any device used " for recreational purposes and/or which imitates the act of smoking, induces it or is linked to its traditional and/or social consumption »[2].

All these products can only be sold in tobacconists and specialty stores, which cannot sell items that may attract minors, such as sweets, snacks, toys and similar products.

There are now many non-smoking areas

At the local level, Spain was already committed to smoking ban policies. Fifty-three beaches in Andalusia, 61 beaches in the Canary Islands, and 18 beaches on the Costa del Sol have already become smoke-free. On the Costa Blanca, one in four beaches is smoke-free. The beaches of Muro, in northeast Mallorca, and Port de Sant Miquel (Sant Joan de Labritja, Ibiza) have joined the smoking prevention campaign, forming part of a network now made up of 50 "Smoke-Free, Healthy Beaches" in the Balearic Islands.

Since the 2011 reform, smoking has already been banned inside all indoor public places (bars, restaurants, cafes, nightclubs), and in enclosed workplaces, except in designated smoking areas. Since that date, smoking has also been banned on public transport (buses, metro, trains), including on platforms and in stations. Outdoors, smoking was already banned in children's play areas, around non-university schools, around hospitals and healthcare facilities, and in certain enclosed or semi-open outdoor spaces (prisons, hospitals, residences with designated smoking areas, etc.).

The latest draft from the Ministry of Health proposes to extend the current ban on tobacco products to vaping and the consumption of new tobacco products such as heated tobacco.

The ban will also apply to vehicles used as workplaces and around healthcare facilities and higher education buildings such as university campuses and patios, up to 15 meters around the edges of these premises.

In addition to these professional places, there are entertainment venues such as sports facilities, public swimming pools and places where public shows take place, whether indoors or outdoors, leisure and entertainment centers, terraces and patios of nightclubs, casinos and any establishment for collective use whether or not there are minors, bars, restaurants and other commercial catering establishments, both indoors and outdoors.

The protection of public health and the environment are also reinforced with the ban on smoking. within a perimeter of less than 15 meters linear » from the entrance to public buildings, public and private socio-medical structures, educational establishments, universities, museums, libraries and other public or private educational or cultural centres, public or private sports centres and children's parks or playgrounds ".

Finally, smoking clubs, which until now were strictly regulated, will be abolished.

In residences for the elderly or disabled, a specific area may be set up for residents who smoke or vape, duly and visibly marked, with independent ventilation or other smoke extraction devices. The smoking permit may not extend to bedrooms or other common areas of these residences.

And in medium- and long-term prisons and psychiatric hospitals, smoking prisoners and patients will be allowed in areas outside their cells or in closed rooms provided for this purpose.

Measures against tobacco and nicotine are expanding, but efforts still need to be made

In addition to banning smoking and vaping in public and communal spaces, the government is considering tightening regulations on e-cigarette flavors, which are seen as a way to attract young people. The sale and supply of disposable e-cigarettes will be strictly prohibited.[3].

Plain packaging is planned for tobacco products. Cigarette and rolling tobacco packs will have to have a neutral and uniform appearance, with one of two colors set by the ministry. The packaging will be able to indicate in a standardized way the brand, the manufacturer, their contact details, the number of cigarettes or the weight, and the words "sale prohibited to minors." Transparent overwraps will have to be unmarked, with the exception of a barcode and, if necessary, a tear-off strip or a black cover.[4].

The scope of the tobacco advertising ban has been expanded, including for vending machines and online, except for industry professionals (tobacconists and specialty stores). Advertising in windows or outside establishments, or using signs visible from the street, will be strictly prohibited. Fines will be increased.

Limits are also being considered for nicotine pouches, some of which, according to the minister, contain doses well above those authorized in smoking cessation treatments.

According to Article 20 of the future anti-tobacco law, violations relating to smoking/vaping bans will be punishable by fines ranging from €30 to €600. More serious violations, particularly for repeat offenses or endangering the health of others, will be punishable by fines ranging from €601 to €10,000. Finally, violations relating to illegal advertising or the illegal sale of products are punishable by fines ranging from €10,001 to €600,000.

The goal announced by health authorities is to achieve a smoke-free generation by 2040. The bill still needs to be adopted by the Council of Ministers and then submitted to a vote in Parliament.

However, the government's intentions are clear: to significantly reduce the use of tobacco and new products placed on the market, in all their forms, in public spaces.

These actions to protect the population from tobacco and nicotine industry products appear to be of prime importance. However, the country, contrary to its international commitments as a Party to the WHO Convention on Tobacco Control, agreed to entrust the management of cigarette butt collection to an eco-organization created by the main tobacco producers, and tax policies, which are particularly effective in reducing tobacco consumption, remain timid.

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[1]The Leader.info, No Puffing on the Patio: Spain to Ban Smoking and Vaping on Terraces, Pools, and More, published June 25, 2025, accessed June 27, 2025

[2]Carter Humphrey, Spain's new war on smoking, Majorca Daily Bulletin, published June 25, 2025, accessed June 27, 2025

[3]Huffington Post, New anti-tobacco laws: children on terraces at minimum distance in parks and hospitals, published June 25, 2025, accessed June 27, 2025

[4]Last Hour, New anti-tobacco law: these are the sites where smoking and vaping are prohibited, published June 25, 2025, accessed June 27, 2025

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