Prohibit smoking and vaping on terraces and university campuses

Barcelona / MadridKey step by the Spanish government to toughen the crackdown on tobacco. This Tuesday, the Council of Ministers approved the new anti-tobacco law, which includes new smoke-free spaces, such as bar and restaurant terraces, and also new ways of smoking, such as electronic cigarettes and vapes. Minors will be prohibited from smoking, as until now only sales to this group were prohibited, and it foresees sanctions starting from 200 euros. Now the text will be sent to the Congress of Deputies, where the different parliamentary groups will debate whether or not it is finally approved and in what way.

In the press conference following the Council of Ministers, the Minister of Health, Mónica García, emphasized the importance of moving forward with this legislation and ironically stated that 2026 will be remembered for Spain's World Cup victory and also for the new anti-tobacco law. For the Minister of Health, the objective is to "extend the right to breathe free air", and this requires new legislation because new products have appeared and it is also necessary to "protect new generations", who are particularly attracted to vapes or electronic cigarettes.

In fact, García presented the legislation as an "update to the 2005 law", which innovatively prohibited smoking in bars. "Nobody would want to go back now", the minister reaffirmed, despite recalling that at the time there was a catastrophic reaction, especially from the hospitality sector.

Given the new reality, therefore, the ministry now wants to better protect public health – Mónica García said – and also "advance" towards a smoke-free society. In this regard, she quantified the savings in healthcare expenditure that the ministry calculates will be saved due to the reduction in diseases: between 100 and 200 million euros per year, as without tobacco they certify that both respiratory and tumor pathologies would decrease. "There are 50,000 deaths a year" from tobacco, García remarked, adding that smoking is the "most avoidable risk" when it comes to preventing diseases.

The keys to the regulation

The new anti-smoking law prohibits smoking on the terraces of bars and restaurants; beaches, rivers, and collective use swimming pools; sports facilities, national parks, and work vehicles; and theaters, cinemas, concerts, and other cultural events, even when held outdoors. Furthermore, smoking will not be permitted within 15 meters of public buildings, health centers, social centers, educational centers, universities, research centers, museums, libraries, cultural centers, sports centers, and children's parks or play areas.

New forms of smoking, such as vaporizers, electronic cigarettes, nicotine pouches, water pipes, and heated tobacco, will be subject to the same prohibitions as conventional tobacco once the new law is approved. This means they cannot be used in smoke-free areas (except for nicotine pouches), their sale will be prohibited to minors (who will also be prohibited from consuming them), and products must include information on nicotine content on the label. The sale and supply of single-use electronic cigarettes are also prohibited, both due to their environmental impact and their accessibility to young people.

Another novelty is that the consumption of tobacco and other products by minors is prohibited, not just their sale. Additionally, it provides for sanctions that their parents will have to face, starting at 200 euros per minor infraction, which may be replaced by community service, as reported by the Ministry of Health.

Advertising prohibited

The law also focuses on the advertising, both direct and indirect, of new forms of smoking, which will be prohibited once approved. Samples or discounts may not be distributed, nor may signs or posters of these types of products be displayed in bars and nightclubs. Companies and brands in the sector will also not be able to sponsor activities at festivals or sporting events, and in all places where smoking is prohibited, there must be signs indicating this.

The Spanish government also wants to reinstate the Observatory for the Prevention of Smoking, which was abolished in 2014. Its functions will include proposing initiatives to meet the law's objectives, preparing periodic reports on the situation and application of the regulation, and fostering coordination between the competent authorities.

The bill is part of the Comprehensive Plan for the Prevention and Control of Smoking 2024-2027, approved by the Council of Ministers, and advances one of its main lines of action: updating the regulatory framework to better protect the population's health, prevent the initiation of consumption, and move towards tobacco-free generations.

Achieving political consensus

The Association Against Cancer believes that this Tuesday a fundamental step has been taken to protect the population's health, for which it has called for maximum consensus among political parties with the aim of speeding up the approval of the law. Although it celebrates that measures demanded for years are included, such as the expansion of smoke-free spaces and limitations on access and consumption by minors, among others, it misses others such as neutral packaging, that is, without bright or attractive colors. Be that as it may, the association emphasizes that the law is a "historic" opportunity to place Spain among the most advanced countries in health protection against tobacco and nicotine addiction.

On the other hand, the Barcelona Restaurant Guild has criticized the Minister of Health, Mónica García Gómez, whom it has reproached for not having the necessary parliamentary support to successfully complete the modification of the law. "It is, therefore, a personal project that would aim to project García's figure in the media," assure those from the Guild, who have asked the rest of the parliamentary groups to oppose the norm, now that its process will begin in the Congress of Deputies.