Portugal tentatively strengthens anti-smoking measures with the aim of a tobacco-free generation

In a new bill, the Portuguese government aims to ban the sale of cigarettes from vending machines near schools by 2025. It also aims to ban smoking in outdoor areas near public buildings such as schools, colleges, and hospitals by 2023.[1]New restrictions on heated tobacco, in line with European directives, will also be introduced. While these measures are a step in the right direction, they are still insufficient to significantly reduce tobacco consumption in the country.

In line with its commitment to achieving a tobacco-free generation by 2040 and committed to European and international public policies in this area, the Portuguese government is proposing new measures to protect the population from the consumption of and exposure to traditional and emerging tobacco products.[2].

Expansion of outdoor smoke-free spaces in Portugal

According to the government's bill, smoking will be prohibited outdoors within the perimeter of healthcare facilities, places intended for minors, educational institutions, including higher education and vocational training centers, as well as sports fields, public swimming pools, and water parks. The government also wants to ban smoking in restaurants, bars, nightclubs, and similar venues, both indoors and on outdoor terraces or patios covered or bordered by walls or other types of structures, whether fixed or movable, as well as near the doors and windows of these establishments.

The bill also prohibits the creation of new smoking areas in indoor locations where smoking is already prohibited, with the exception of airports, railway stations, bus stations, and ferry and river stations. Locations that have such areas under the ordinance that came into force in early 2023, namely restaurants and similar establishments, may keep them until 2030.

Reduction in the number of cigarette vending machines

The new bill extends the tobacco sales ban to all places where smoking is prohibited and redefines the spaces where vending machines can be installed, which must be more than 300 meters away from educational institutions. The amendments to the tobacco sales ban will take effect from January 2025.

However, vending remains possible in specialist tobacco outlets as well as in airports, railway stations, passenger bus stations and maritime and river terminals.

Transposition of the European directive on heated tobacco

In order to comply with the obligations arising from European Directive 2022/2100, the sale of heated tobacco products containing components that alter the smell or taste of these products will be prohibited from October 23, 2023.

In addition, heated tobacco packages will have to carry combined text and image health warnings, as on conventional tobacco.

On the same date, it will become illegal to consume these products outdoors within the perimeter of places accessible to the general public or for collective use where smoking is prohibited.

Portugal's late and partial investment in the fight against smoking

In 2021, Portugal ranked 30th out of 37 European countries on the scale of tobacco control policies.[3]The lowest scores are linked to poor policies on tobacco taxation, health warnings, smoking cessation assistance, and bans on smoking in public places. Since ratifying the World Health Organization's Framework Convention on Tobacco Control in 2005, Portugal has only tentatively strengthened its tobacco control policies.

On August 14, 2007, new legislation (Law No. 37/2007) set maximum levels of tar, nicotine, and carbon monoxide in cigarettes, introduced health warnings, and implemented smoking bans in certain enclosed public spaces. This smoking ban, however, included numerous exceptions, as smoking was still permitted inside casinos and cafes, restaurants, and bars less than 100 square meters equipped with smoke extraction systems. In larger establishments, designated smoking areas are permitted as long as they are physically separated from other areas.

On August 26, 2015, new legislation (Law No. 109/2015) aimed at better protecting the population from passive smoking was adopted. This law restricts smoking in restaurants and bars, allowing it only in areas where there is no table service. However, this ban did not come into effect until January 1, 2021. The new legislation, adopted in 2022, still allows smoking in bars, restaurants, and nightclubs larger than 100 m2.

However, studies have long proven that partial smoking bans are ineffective and that there is no risk threshold for exposure to secondhand smoke. Thus, only the implementation of complete bans, without exception, effectively protects non-smokers and smokers alike.

The new bill also proves insufficient to significantly and sustainably reduce consumption. It does not include a component for a strong tax policy. This policy of small steps with half-measures, such as maintaining cigarette vending machines in airports and train stations, is inconsistent with the government's stated ambition of achieving a tobacco-free generation in the coming years.

Since the Tobacco Act came into force in 2007, there has been a very slight reduction in smoking prevalence. In 2005/2006, the prevalence was 20.9% of smokers (more than 30% among men and around 12% among women). This figure was 20% in 2014 (28% among men, 13% among women) and 19% in 2019 (24% among men and 11% among women).

Keywords: Portugal, tobacco-free generation, smoking, smoke-free spaces, vending machines.

©Generation Without Tobacco

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[1] Geração sem Tabaco até 2040 - Perguntas e Responses to the Proposal of Lei do Governo, Portuguese government website, published May 10, 2023, accessed May 11, 2023

[2] Government cracking down on smoking, The Portugal news, published on May 10, 2023, accessed on May 11, 2023

[3] Tobacco Control Scale, The 2021 Tobacco Control Scale in Europe, accessed May 11, 2023

National Committee Against Smoking |