Spain to Ban Smoking & Vaping Ban to Terraces, Pools, and Bus Stops
The Spanish Council of Ministers has approved a draft for a new anti-tobacco law that proposes a significant expansion of smoke-free zones, notably banning smoking and vaping on the outdoor terraces of bars and restaurants. The proposed legislation aims to legally equate electronic cigarettes (vapes) with conventional tobacco, applying the same restrictions to both, and introduces a ban on single-use disposable e-cigarettes.
The draft law, which will now proceed through the parliamentary process, represents a major step forward in Spain’s public health policy. Health Minister Mónica García’s department has championed the changes, although some highly anticipated measures, such as generic packaging and significant price hikes through increased taxation, have been excluded from the current text. Anti-smoking organizations have expressed disappointment over this, suggesting the government yielded to industry pressure, but the Ministry has left the door open for these measures to be introduced later during parliamentary debate.
Expanded Smoke-Free and Vape-Free Zones
The proposed law defines new smoke-free spaces and expands existing ones. Under the new rules, smoking and vaping will be prohibited in:
- Terraces of bars, restaurants, and other hospitality venues.
- Public swimming pools.
- Bus stops and transport stations.
- Outdoor areas of universities and educational centers.
- Outdoor sports facilities.
- Publicly accessible vehicles used for transport, as they are considered workplaces.
Furthermore, the law establishes a 15-meter smoke-free and vape-free perimeter around the entrances to public buildings, healthcare and social centers, educational and cultural institutions (both public and private), sports centers, and children’s parks and playgrounds. The sale of these products to minors remains prohibited, and for the first time, consumption by minors will also be explicitly banned.
Regulation of Vapes and Other New Products
The future law will equalize regulations for traditional tobacco and a broad range of new products, including:
- E-cigarettes (with and without nicotine): Including all components like cartridges, tanks, and devices.
- Oral Nicotine Pouches: Composed of natural or synthetic nicotine.
- Herbal Products for Smoking/Vaping: Such as shisha or tobacco-free herbal mixtures.
- Heated Tobacco Products: Devices that heat tobacco or other preparations without combustion.
Crucially, the text explicitly prohibits the sale and supply of single-use (disposable) electronic cigarettes.
Comprehensive Advertising Ban and Penalties
The draft law introduces a sweeping ban on all forms of direct and indirect advertising, promotion, and sponsorship for tobacco and related products. This includes prohibitions on:
- Advertising in print, audiovisual media, digital platforms, and social media.
- Distribution of free samples or discounts.
- Use of logos or branding on equipment or furniture in public spaces like bars, nightclubs, or terraces.
- Sponsorship of cultural or sporting events and festivals.
The legislation updates the penalty framework to align with these new measures, with fines for serious infractions potentially reaching up to €600,000. Manufacturers will be given a 12-month grace period to adapt their products to the new legal framework and for retailers to sell off existing stock of single-use e-cigarettes.
The approval of this draft law by the Council of Ministers marks a significant step towards a more comprehensive anti-tobacco and anti-vaping policy in Spain, aiming to protect public health, especially among youth, and reduce exposure to secondhand smoke and aerosol in a wide range of public spaces.
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