Spanish health organizations are urging the government to strengthen its draft anti-smoking legislation.

The Spanish Ministry of Health announced and presented in July 2025 a draft revision of the national tobacco law aimed at banning smoking and vaping in many outdoor public spaces, approved by the Council of Ministers in September[1]. If adopted by Parliament, this legislation will come into force and expand smoke-free and vaping-free zones. It provides for a uniform approach for all products, including a ban on their use by minors, as well as a ban on disposable e-cigarettes and all forms of promotion, advertising, and sponsorship for all new products.x products. Health organizations are nevertheless calling for a broadening of the scope of the bans.

New bans and stricter penalties for several tobacco and nicotine products

This bill, which is part of the overall plan for the prevention and control of smoking 2024-2027, concerns many tobacco and nicotine products: traditional cigarettes, electronic cigarettes (with or without nicotine), heated tobacco, hookahs and nicotine sachets.

The ban on smoking and vaping applies to areas including the terraces of bars and restaurants, beaches, public swimming pools, sports facilities, bus stops, outdoor entertainment venues, and the areas surrounding schools, hospitals, and public buildings. A 15-meter radius zone will be established around public buildings, health centers, schools, and playgrounds, as well as inside company and utility vehicles, where smoking will be prohibited. Concerts, outdoor shows, and popular festivals are also included in the ban.

Furthermore, the sale and distribution of disposable e-cigarettes will be prohibited due to their popularity among young people. The justifications put forward for this measure include the attractiveness of these products to young people, given their design, affordable price, and the heavily promoted sweet flavors. Added to this is their disastrous environmental impact.[2].

The law will also prohibit the consumption of any tobacco and nicotine products by minors, with fines imposed on the parents or guardians of offending minors.

Furthermore, the ban on all forms of advertising, promotion, and sponsorship of tobacco products will be extended to all new tobacco products and other nicotine products. This includes concerts, festivals, sporting events, and so on, as well as digital platforms and social media.

Penalties for violations of the new legislation will vary according to the severity of the offense, ranging from €100 for minor offenses (smoking/vaping in a prohibited area) to €600,000 for major offenses (illegal advertising).[3]. To facilitate implementation, bars will be required to display signs clearly informing customers of the ban. Those who violate the ban will also be penalized, but the amount of the fine has not yet been announced.

The reform aims to strengthen the protection of non-smokers and reduce exposure to secondhand smoke and vaping in busy outdoor areas. The government claims it wants to guarantee citizens' right to breathe clean air, while figures from the Spanish Ministry of Health show that 28% of men and 22% of women smoke daily, causing 140 premature and preventable deaths per day, or 50,000 per year.[4].

Alongside the proposed legislation, the government increased taxes, leading to a price hike for many cigarette brands. The increase amounts to 25 euro cents per pack. The most common brands now cost €6.25, a price that remains too low to curb smoking, according to health associations, which had called for a much more dissuasive tax increase.

Health organizations support the draft revision but call for further action.

Health organizations supported the measure, highlighting the need to modernize legislation in light of evolving practices, particularly the rise in vaping among young people. They pointed out that the indoor smoking bans introduced in 2011 did not address exposure in densely populated outdoor areas.

Regional authorities and public health organizations, however, continue to advocate for broader protective measures, including the possibility of restricting access to smoking on private balconies or near homes. The Nofumadores association has requested that the revision of the tobacco law include explicit protection against secondhand smoke entering homes through windows, terraces, and ventilation ducts, classifying it as similar to other harmful and unsanitary activities regulated in neighborhoods. It has asked the Ministry of Health to prioritize the right to live in a healthy home environment in the legislative reform.

Furthermore, the association demanded that owners of homes where smoking is permitted declare it when selling their property, relying on a regulation in California recognizing that toxic residues from tobacco and vaping become embedded in walls, furniture, dust and ventilation systems and that the phenomenon of the release of these particles can last for years.

Health organizations also point out that the introduction of plain cigarette packaging was not included in the bill, whereas This fundamental measure to reduce their attractiveness was requested by Nofumadores and the National Committee for Tobacco Prevention (CNPT) in September..

The bill is currently under parliamentary review. Although approved by the government, it still needs to be debated and voted on before it can come into effect. If the revised legislation is adopted, it could come into force nationwide by 2027.

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[1]Molly Grace, Spain moves forward with outdoor smoking ban, Euro Weekly News, published on December 9, 2025, accessed on December 10, 2025

[2]Humphrey Carter, Calls for ban on home balcony smoking in Spain with bar terrace prohibition looming, Majorca Daily Bulletin, published on December 6, 2025, accessed on December 10, 2025

[3]Jason Moore, Last orders for smoking on bar and restaurant terraces in Spain, Majorca Daily Bulletin, published on December 10, 2025, accessed the same day

[4]Sarah Barltrop, Smoking crackdown in Spain could force major change for tourists, Express, published on December 7, 2025, accessed on December 10, 2025

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