German Health Minister Wants to Ban Smoking in Cars Around Minors and Pregnant Women

The Federal Ministry of Health, headed by Karl Lauterbach (Social Democratic Party, SPD), is considering banning smoking in cars in the presence of children or pregnant women. This provision is a result of the draft law on the legalization of cannabis, which would amend the current protection for non-smokers. The ban would apply to cannabis, all smoked tobacco products, including heated tobacco, and vaping products.[1].

The bill still needs to be coordinated with other ministries before being presented to the government.

Last April, the Federal Council (Budesrat – which represents the 16 Länder) had already presented a bill recommending a ban on smoking in cars in the presence of minors and pregnant women, referring to estimates by the German Cancer Research Center, according to which around one million children and adolescents are exposed to tobacco smoke in Germany.

The increased risks of passive smoking on children

The child protection organization expressly welcomed the announcement by the Federal Ministry of Health and pointed out that smoking just one cigarette in a car results in a concentration of tobacco smoke up to five times higher within minutes than that measured in a very smoky restaurant.

Exposure to tobacco smoke seriously harms health, especially in children. It damages developing lungs, causes respiratory problems and diseases, and impairs lung function. If pregnant women are exposed to tobacco smoke, the risks of miscarriage, premature birth, and stillbirth are increased, as well as impaired growth of the unborn child in terms of weight, body size, and head size. Finally, there is an increased risk of sudden infant death syndrome.

A bill subject to criticism from other political parties

Kristine Lütke, the spokesperson for the FDP (Free Democratic Party) parliamentary group in the Bundestag on addiction and drug issues, described Minister Lauterbach's proposal as "madness." According to her, " Lauterbach is clearly aiming for a completely tobacco- and alcohol-free society. Common sense already rules out smoking in cars with minors or pregnant women - there's no need for a ban.additional »^[2].

The spokesman for the CDU/CSU parliamentary group (RIGHT The German Bundestag's Health Minister, Tino Sorge (Christian Democrat and Conservative), expressed constitutional reservations, as the law would invade the private sphere. However, since 2019, several German states have already launched initiatives to ban smoking in cars with children.

The UN committee had already asked Germany to better protect children from tobacco.

Last October[3], the Committee on the United Nations Convention on the Rights of the Child (CRC) issued recommendations to the German government to further protect children against violations of their rights with regard to the protection of tobacco and its industry. The Committee expressed serious concerns about the large number of children exposed to second-hand smoke in Germany, especially those living in disadvantaged socio-economic conditions. The Committee called on Germany to strengthen education on the health risks of smoking and second-hand smoke, to better regulate the sale of tobacco to children. Finally, it called for holding tobacco manufacturers accountable for violations of children's rights in the supply chain of these products, particularly referring to the exploitation of child labor in tobacco cultivation at the source of the products consumed in Germany.

Keywords: Germany, passive smoking, children, smoking ban, pregnant women, tobacco smoke

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[1] Rauchverbot im Auto soll Kinder schützen, Tagesschau, published July 7, 2023, accessed July 10, 2023

[2] Debatte um Rauchverbot im Auto weitet sich aus, Badische Zeitung, published July 9, 2023, accessed July 10, 2023

[3] Tobacco-free generation, UN Committee Calls on Germany to Better Protect Children from Tobacco, published October 20, 2022, accessed July 10, 2023