Spain tightens anti-smoking law: ban on smoking on terraces and in public spaces

News/Yesterday

Madrid, September 2025 - The Spanish government has approved a project for a new anti-tobacco law that introduces significant restrictions on smoking traditional tobacco and e-cigarettes and other similar products. Below is a summary of key points, potential consequences and controversies.

What the bill provides for

Ban smoking and vaping in many public spaces and terraces The ban includes, but is not limited to: terraces of bars and restaurants, bus stops and their shelters (marquesinas), public swimming pools, universities, outdoor sports venues, outdoor concert areas, children's parks, cultural and recreational areas.
E-cigarettes and other similar products treated as traditional cigarettes E-cigarettes (with or without nicotine), tobacco heating products, herbal mixtures (e.g., shisha), nicotine pouches - all are to be subject to the same bans.
Prohibition of consumption by minors Until now, selling tobacco and nicotine products to minors was prohibited, but the new regulations for the first time also restrict consumption by younger people.
Ban the sale of disposable e-cigarettes (disposable vapes) For health and environmental reasons.
Ban on advertising and promotion Full bans include advertising of traditional cigarettes and new tobacco/similar products, including on social media, in public places, visual contraptions, and giving away samples or using promotions/discounted prices.
Distance of 15 meters around protected objects The new regulations stipulate that smoking will not be allowed within 15 meters of entrances to buildings such as sanitary facilities, educational institutions, community centers, children's parks, etc.

o is not sure yet / what could change

Neutral packaging (“empaquetado genérico”) -that is, logo-free, uniform packaging used, among other things, to limit the appeal of products to young people-has been considered, but isn't in the official draft adopted by the Council of Ministers for the time being. However, it could be added during parliamentary work.
Terms of entry into force - the draft is at the “anteproyecto” (preliminary draft) stage, requiring further opinions, consultations and resolution in parliament. It is therefore not yet a law in force.
It is possible to modify the scope - certain locations may be added or excluded during legislative work.

Why Spain is doing it

Public health: smoking and the use of e-cigarettes are associated with numerous diseases, deaths and a burden on the health care system.
Protection of non-smokers, including children - to limit exposure to smoke and the impact of “second hand.”
Reducing the appeal of new tobacco/nicotine products that often reach youth - e-cigarettes, shisha, etc.
Compliance with EU recommendations and the public-health approach in the European context of the fight against cancer and diseases of civilization.

Potential impacts and controversies

For the food service/tourism industry - Bar/restaurant owners, especially those with terraces, are already raising concerns that the bans could scare away customers, reduce revenue.
Enforcement of the law - who will be responsible: whether landlords or customers; how broadly - including in transitional areas.
Risk of transferring smoking/smoke to private spaces - if people cannot smoke on terraces in public, they may transfer smoking to apartments, balconies, etc.
Regulatory and administrative costs - posting of signs, inspection, sanctions, etc.
Social Protests - Some members of the public may see this as a restriction on personal freedom, especially in a culture where smoking outside is sometimes considered a social custom.

What this might look like in practice

On the terraces of restaurants / bars complete smoking ban - customers and staff will not be allowed to smoke or vape in these places.
Near the entrances to a school, hospital or children's park - you will need to keep a min. 15 meters distance to light up.
E-cigarettes and shisha - in the same categories of restrictions as traditional cigarettes.
There may be special signs / placards indicating where smoking is prohibited.

The proposed law is one of the biggest steps to tighten anti-smoking regulations in Spain in years. If passed in its current (or similar) form, it will change the way Spaniards (and tourists) use terraces, leisure spaces and other public places. For many, it will be a noticeable change - especially where smoking outside has been the norm for years.