The bill extends smoke-free areas, bans under-18s from smoking, treats vapes like tobacco and tightens rules on their sale, advertising and sponsorship.
On Tuesday Spain took a new step in its strategy to reduce tobacco consumption. The Council of Ministers approved a draft law that reforms the regulations in force since 2005 to bring them into line with new consumption habits and the arrival of products such as electronic cigarettes, nicotine pouches and shisha pipes.
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The text now begins its parliamentary journey in the Cortes Generales, where amendments may be added before its final approval. The reform is part of the Comprehensive Plan for the Prevention and Control of Tobacco Use 2024-2027 and represents the most significant update to anti-tobacco legislation in more than a decade.
The Government’s aim is “to increase smoke-free areas, strengthen protection for children and adolescents, and adapt the legislation to new products linked to tobacco”, the Ministry of Health said in a statement.
The Government argues that the new regulations also seek to close “legal loopholes” left outside the current law by the rapid spread of new nicotine products.
New smoke-free spaces: terraces, beaches and outdoor venues
One of the main changes is the expansion of areas where smoking would be banned. If the law passes through parliament, it will be forbidden to consume tobacco or use electronic cigarettes on “the terraces of bars, restaurants and other hospitality establishments, sea and river beaches, public swimming pools, sports facilities, national parks, work vehicles, except when used exclusively for personal purposes, as well as venues where public events are held”.
In addition, “protection zones” of 15 metres will be created around the entrances to public buildings, hospitals, schools, universities, libraries, museums, sports facilities, cultural centres and children’s playgrounds.
“Anyone who wants to have a coffee or enjoy their leisure time freely on a terrace should be able to do so without the smoke from nearby tables becoming part of the menu,” Health Minister Mónica García said at a press conference after the Council of Ministers, stressing that smoking causes around 50,000 deaths a year in Spain alone.
Under-18s: consumption banned as well as supply
The future law introduces, for the first time, an explicit ban on the consumption of tobacco-related products by people under 18. Until now, the legislation only prohibited their sale and supply, and did not specifically provide for minors to be penalised for consuming them.
“According to Estudes 2025, the survey on drug use in secondary education in Spain, the prevalence of daily smokers among people aged 14 to 18 stands at 4.3%, the lowest figure in the entire data series since 1994. However, tobacco use in the past month in this same age group remains high, with a prevalence of 15.5%,” the ministry notes in the statement.
The draft also maintains the ban on the consumption of nicotine pouches by minors, although these products will not be included in the extension of smoke-free spaces planned for other devices.
Electronic cigarettes: same restrictions and limited sales
The reform places e-cigarettes and other tobacco-related products under the same regime as conventional cigarettes in all places where smoking is banned. The measure applies to devices both with and without nicotine, as well as herbal smoking products, shisha pipes and other devices that mimic smoking.
Another new feature is a restriction on the sale and supply of these products to specialist outlets, which will have to meet the requirements to be set later by the Ministry of Health in a ministerial order. These shops will also be barred from displaying advertising or posters visible from outside.
The Government has introduced some changes compared with the draft presented in 2025. These include the temporary removal of the ban on disposable vapes, something that the United Kingdom has already done, and on plain packaging for cigarette packs. The executive still intends to reintroduce both measures during the parliamentary process, once European regulation has also moved forward.
Advertising and sponsorship: new restrictions
The draft tightens restrictions on the advertising, promotion and sponsorship of tobacco and related products. The limits will extend to all media and platforms, including vending machines, the internet and any form of promotion, whether “direct or indirect”.
In audiovisual media, the law will prevent presenters, contributors or guests from appearing while smoking or displaying tobacco products or related devices in “media and audiovisual content”. Brands, logos or commercial references associated with these products may not be shown either.
Offences and penalties
The reform also updates the system of penalties to reflect the new obligations introduced by the law. Offences, according to local media, may be punished with fines ranging from 200 to 600,000 euros, depending on their seriousness.
For minors who breach the ban on consuming tobacco or related products, fines for minor offences will start at 200 euros. According to the Ministry of Health, those fines may be replaced by community service.
Once the law has been definitively approved and published in the Official State Gazette, it will enter into force 20 days later. Establishments and institutions will then have two months to adapt the signage to the new smoke-free areas.
