Last updated: December 3, 2021
Spain became a Party to the WHO Framework Convention on Tobacco Control on April 11, 2005.
Smoke Free Places
Smoking is prohibited in indoor public places and workplaces and on public transportation. Limited exceptions to the smoking ban are provided for designated hotel guest rooms. There are also some limited restrictions on smoking in outdoor public places, such as in playgrounds and at open spaces in health facilities. Sub-national jurisdictions may enact smoke free laws that are more stringent than the national law.
Tobacco Advertising, Promotion and Sponsorship
Tobacco advertising and promotion is generally prohibited with limited exceptions, including at the point of sale, where advertising and promotion is permitted with some restrictions. In addition, the law permits tobacco advertising in publications edited or printed in countries outside the European Union, if these publications are not aimed primarily at the European market and not aimed at minors. All forms of financial or other tobacco sponsorship are prohibited.
Tobacco Packaging and Labeling
Rotating pictorial health warnings must occupy 65 percent of the front and 65 percent of the back of most smoked tobacco product packaging. For smokeless tobacco product packaging, one text-only health warning must occupy 30 percent of the front and 30 percent of the back of the package. Misleading packaging and labeling, which could include terms such as “light” and “low tar” and other signs, is prohibited.
Cigarette Contents and Disclosures
The law regulates specified contents of cigarettes, including prohibiting characterizing flavors; ingredients that facilitate nicotine uptake; ingredients that create the impression of health benefits; and ingredients associated with energy and vitality; among others. The law requires that manufacturers and importers disclose to government authorities information on the contents and emissions of their products.
The law prohibits the sale of individual cigarettes, small packs of cigarettes, internet sales of tobacco products, and tobacco products for oral use. In addition, the law prohibits the sale of tobacco products in educational facilities, healthcare facilities, playgrounds, stadiums and arenas, and cultural facilities, among other places. The sale of tobacco products via vending machines is restricted by location. The sale of tobacco products is prohibited to persons under the age of 18.
Roadmap to Tobacco Control Legislation
Law 28/2005 is the primary law governing smoking in public places and tobacco advertising, promotion and sponsorship. It was substantially amended by Law 42/2010, which mandated a ban on smoking in indoor public places, indoor workplaces, and public transportation, and repealed provisions that permitted designated smoking rooms. Law 28/2005 governs tobacco advertising in general, and Law 7/2010 specifically prohibits tobacco advertising on audiovisual forms of communication. Royal Decree 579/2017 regulates packaging and labeling, including health warnings, additives, and e-cigarettes, among other things.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.
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