Spain's New Anti-Tobacco Law: Fines Up to €600k, Penalties for Minors

From €100 Fines for Parents of Minors to €600,000 Penalties for Illegal Vape Sponsorship, a Look at the New Sanctions

The Spanish Council of Ministers has approved an ambitious draft for a new anti-tobacco law that not only expands smoke-free zones but also introduces a completely updated and significantly stricter system of sanctions. This new penalty regime targets a wide range of violations, from individual use in prohibited areas to large-scale illegal advertising, with fines ranging from €100 to as high as €600,000. A key and controversial feature is the introduction of direct financial penalties for underage use, for which parents or legal guardians will be held responsible.

The new legislation legally equates conventional cigarettes with all related products, including e-cigarettes (vapes), nicotine pouches, and heated tobacco devices. This means that all penalties for smoking infractions will now equally apply to vaping in the same circumstances.

The Three Tiers of Infractions and Their Penalties

The proposed penalty framework is structured into three levels of severity, ensuring that the consequences are proportional to the offense:

Minor Infractions: Fines from €100 to €600

This category covers the most common violations and introduces a significant new measure aimed at curbing youth use. Minor infractions include:

Smoking or Vaping in Prohibited Areas: An individual caught using a cigarette or vape in a newly designated smoke-free zone, such as a bar terrace, public swimming pool, or bus stop, will face a fine.
Underage Consumption: For the first time, the act of a minor consuming tobacco or related products is considered a minor infraction. The fine, set at €100, will be the subsidiary responsibility of the minor’s parents, guardians, or legal custodians.
Failure to Display Signage: Business owners who fail to correctly display the required “No Smoking/No Vaping” signage in prohibited areas can also be fined under this category.

Serious Infractions: Fines from €601 to €10,000

This level targets actions that facilitate access to tobacco and nicotine products, particularly for vulnerable groups, or that deliberately undermine smoke-free policies. Serious infractions include:

Selling Tobacco or Vapes to Minors: Any retailer caught selling these products to individuals under the age of 18 faces a serious penalty.
Allowing Minors to Use Vending Machines: Businesses that fail to prevent underage individuals from accessing tobacco or vape vending machines will be held accountable.
Distributing Free Samples or Discounts: Giving away free samples of tobacco or related products, or offering discounts to promote their sale, is considered a serious offense.
Enabling Smoking in Prohibited Zones: This applies to establishment owners or managers who permit smoking or vaping in areas where it is legally forbidden (e.g., inside a restaurant or a non-designated part of a venue).

Very Serious Infractions: Fines up to €600,000

The highest level of penalties is reserved for large-scale violations that have a broad public impact, primarily targeting corporate and media entities. These infractions are almost exclusively focused on the illegal advertising, promotion, and sponsorship of tobacco and related products. This includes:

Large-scale advertising campaigns for cigarettes or vapes in prohibited media (print, digital, social media, etc.).
Sponsorship of public events, such as music festivals or sporting events, by tobacco or vape companies.
Any form of promotion that violates the comprehensive new advertising bans.

These massive fines, reaching up to €600,000, are designed to be a powerful deterrent against the influential marketing tactics of the tobacco and nicotine industries, especially those aimed at attracting young people to products like vapes.

Implementation and Enforcement

Once the draft law passes through the parliamentary process and is enacted, which is anticipated for late 2025 or early 2026, there will be an implementation period. Manufacturers will be given 12 months to adapt their products and packaging to the new legal framework. The application of the new penalty system, particularly the fines for underage use, may begin with an informational phase before fines are actively imposed.

The government has also announced a €5 million public awareness campaign to inform citizens and businesses about the new rules and the associated penalties. This comprehensive update to the sanctioning regime signals a clear intent from the Spanish government to not only set rules but to enforce them with significant financial consequences, aiming to accelerate the decline of nicotine use across the country.

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.