The Spanish Council of Ministers has approved a draft for a new anti-tobacco law that will legally equate conventional cigarettes with vapes (e-cigarettes) and significantly expand smoke-free and vape-free zones across the country. The bill’s flagship measure is a proposed ban on smoking and vaping on the outdoor terraces of bars and restaurants. The draft law will now undergo a public exposure period and a second review by the Council before heading to parliament for final approval.
Health Minister Mónica García justified the new law by stating “there is no such thing as healthy tobacco” and that there is no evidence that alternative devices reduce nicotine addiction. The new rules are a response to the emergence of new products and evolving public health needs.
Key changes proposed in the new anti-tobacco law include:
- Ban on smoking and vaping on the terraces of bars and restaurants.
- Prohibition in other outdoor public spaces like swimming pools, sports facilities, and at the entrances to various public and private centers.
- A 15-meter smoke-free and vape-free perimeter around healthcare facilities, educational centers, and children’s playgrounds.
- A comprehensive ban on advertising and sponsorship of tobacco and vape products.
- The elimination of “smokers’ clubs.”
However, two highly anticipated measures were excluded from the current draft due to a lack of agreement within the coalition government: **generic (plain) packaging** and a significant price increase through higher taxation. Anti-smoking organizations have expressed deep disappointment, arguing the government is yielding to tobacco industry pressure. They point to the success of plain packaging in countries like Australia, France, and the UK. The Ministry of Health has indicated it may reintroduce the plain packaging proposal during the parliamentary debate.
The proposed measures have sparked intense social and political debate. Health collectives, from pediatricians to pulmonologists, have demanded these changes to protect public health. Conversely, some hospitality and business associations have questioned the timing of additional restrictions during a period of economic recovery. The government insists that the balance must favor prevention.
This draft law is part of a broader anti-tobacco strategy. Before the end of the year, the Ministry of Health also plans to advance a royal decree on tobacco products that will limit flavorings in e-cigarettes (both with and without nicotine) to only tobacco aromas, aiming to reduce their appeal to young people. Despite progress since Spain’s first anti-tobacco law in 2005, a recent study by the Spanish Society of Epidemiology (SEE) indicates that 8 million people still smoke in Spain, with tobacco causing 50,000 to 60,000 deaths annually.
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