The Council of Ministers has given the green light this Tuesday, in a second round, to the tobacco bill. The main novelty compared to the first draft is that smoke-free areas are expanded to maritime and river beaches, joining the terraces of bars and restaurants, which were already listed as proposed smoke-free areas.
This regulatory project will now be sent to the Cortes Generales to begin its parliamentary processing and aims to "take the next step to expand the right to breathe clean air," as well as "respond to new products and especially protect new generations," according to the Minister of Health, Mónica García, who emphasized that Spain has always been "at the forefront" in the fight against smoking.
Among the central objectives of the reform is "to equate the regulation of products related to tobacco." The law limits the sale and supply of these items to specialized stores, which will not be able to display advertising or signage visible from the outside. This point will be specified through a subsequent ministerial order.
After the first approval from the Council of Ministers in September of last year, the modification of Law 28/2005, on health measures against smoking, is structured around three main goals: to expand the areas where smoking is not allowed, to strengthen the protection of children and adolescents, and to adapt the legal framework to new products related to tobacco.
According to sources from the Ministry of Health, this update, integrated into the "Comprehensive Plan for the Prevention and Control of Tobacco 2024-2027," responds to changes in consumption habits, especially among young people. In recent years, products such as electronic cigarettes with and without nicotine, herbal smoking blends or "shisha," nicotine pouches, and other items that imitate or are associated with the act of smoking have proliferated.
The text also extends the smoking ban to other spaces: collective use swimming pools, sports facilities, national parks, work vehicles —except when used exclusively for personal purposes— and venues where public performances are held. In this last case, theaters, cinemas, concerts, and other events are included, even if they take place outdoors.
In terms of advertising, the project tightens the restrictions on the promotion and sponsorship of tobacco, of devices for its consumption, and of related products. The most relevant novelty in this area is located at points of sale: actions cannot be carried out in windows nor use posters that, due to their design or location, can be seen or perceived from the outside of tobacco shops and specialized businesses.
Reinforced protection environments and signage
The future law incorporates the so-called reinforced protection environments, defined as a minimum radius of 15 meters around access to public buildings, public and private health centers, social services, educational centers, universities, research centers, museums, libraries, cultural facilities, sports facilities, and parks or children's areas. A period of two months is anticipated to adapt the signage in places where the consumption ban applies.
"The purpose is very simple, it is that in shared spaces, breathing clean air is the norm and that the right to health does not depend on the place where one is," defended García. He recalled that, when the first restrictions were adopted, "there were apocalyptic forecasts" and it was claimed that "it would end the economy" and "with private enterprise." "Not only did those forecasts not come true, but we also enjoy clean and healthy air in many of these places," he emphasized.
The regulation expressly prohibits the consumption of tobacco products by minors under 18 years old. This prohibition extends to electronic cigarettes and other related products, except in the case of nicotine pouches regarding smoke-free spaces, although their use is prohibited for minors.
The text also reinstates the "Observatory for the Prevention of Tobacco Use," abolished in 2014, which will again be made up of representatives from different Ministries. This body will propose measures, programs, and actions to achieve the objectives of the law, set goals for reducing the prevalence of smoking and the consumption of associated products, and prepare periodic reports on the situation and the degree of compliance with the regulations.
Health maintains that the reform closes legal loopholes detected in the 2005 law, which was considered outdated in light of the emergence of new products, and emphasizes that the focus is on the protection of children and youth. It also argues that the expansion of smoke-free spaces is a highly effective tool.
Desnormalize consumption and sanctioning regime
The legislation aims to desnormalize tobacco consumption and protect third parties from exposure to smoke. To this end, it incorporates a sanctioning regime that, as a novelty, establishes that minor infractions will be punished with fines ranging from 300 to 600 euros. It also sets the subsidiary responsibility of parents or guardians in the case of minors, with the possibility of substituting the economic sanction for community service.
Sources from the Ministry are confident that the law will move forward in Congress and the Senate, considering that its content is reasonably straightforward, although they admit that it will be necessary to check the degree of receptiveness of parliamentary groups to the hospitality "lobby." The text does not currently include the obligation for generic packaging, which will be attempted to be introduced during the processing, as the PSOE has not agreed to include it at this stage.
In the same vein, the Government intends to later prohibit disposable vapes, pending a favorable opinion from the European Commission. Other aspects will be referred to another regulation, the Royal Decree on the manufacture, presentation, and marketing of tobacco products and related products, the content of which is being finalized with the Ministry of Finance and which, according to Health, will be sent to the Council of State "soon."
Mónica García has celebrated the progress of this legislative project, convinced that it will allow for the adaptation of regulation to the new reality of tobacco consumption. She has insisted that the law will generate "savings in diseases and health" by acting on "the main avoidable risk factor," responsible for "50,000 deaths a year."
The minister has added that these policies will represent "an economic saving that is calculated in direct health savings of between 100 and 200 million euros a year," resources that "will be able to be dedicated to addressing other needs of the system."