The Spanish Ministry of Health is finalizing a significant reform of its anti-tobacco law that will equate the use of e-cigarettes (vapes) and heated tobacco products with conventional smoking. Health Minister Mónica García announced that the new legislation will prohibit vaping in all the same spaces where smoking is already banned, aiming to close a decade-long legal "loophole" that has led to regulatory ambiguity, particularly in places like bars and restaurants.
Since 2014, vaping in Spain has only been explicitly prohibited in specific public spaces like hospitals, public transport, and educational centers. This left many other areas, such as indoor bars and restaurant terraces, in a state of uncertainty. The new law, which will begin its legislative process in the coming weeks, seeks to end this ambiguity.
"There is no evidence that the use of alternative devices to conventional tobacco reduces tobacco addiction, and we work hand-in-hand with the evidence," Minister García stated during a congressional committee appearance. "It seems that what is vaped is not smoked. And no, what is inhaled is still harmful. That is why smoke-free spaces will include conventional tobacco, vapers, and heated tobacco." She added that this change "closes one of the loopholes that the industry has used to attract new users."
The reform will also expand the list of smoke-free zones to include more outdoor areas, such as:
- Bar and restaurant terraces
- University campuses (extending beyond just the buildings)
- Outdoor party venues
- Shared company vehicles
- Bus shelters
- Sports facilities
These new limitations align with recommendations from the World Health Organization (WHO), which encourages countries to take measures in outdoor areas to protect non-smokers from secondhand exposure. The WHO reports that of the more than eight million people who die from tobacco-related causes globally each year, 1.3 million are non-smokers exposed to secondhand smoke.
This legislative push comes as vaping has gained significant popularity, especially among young people in Spain. A recent survey by the Spanish Society of Family and Community Medicine (semFYC) found that one in ten adolescents reported using vapes, a figure that has doubled from the previous year. Accompanying the main law reform will be a series of royal decrees, including one that will ban disposable vapes and another that will prohibit flavorings and require health warnings on all nicotine devices, stating that nicotine is a "very addictive substance" and that its use "is not recommended for non-smokers."
