Vaping in Spain is set to face its toughest regulatory reset to date, with proposed legislation that would place vapes under the same legal framework as combustible tobacco.
The changes form part of a broader package of health reforms moving through Parliament, but vaping restrictions are emerging as one of the most consequential elements for consumers, retailers and public spaces.
Tobacco-style rules for vapes
Reforms to Spain’s anti-tobacco law passed their first legislative stage in September 2024 and are now under review by the Council of State and the National Commission of Markets and Competition.
If approved, vaping products would be subject to the same restrictions as cigarettes, including identical rules on advertising, sales and where products can be used. This would mark a significant shift in Spain’s regulatory approach, which has previously treated vaping separately from smoking.
The proposed changes respond to a reported rise in vape use among adolescents and growing political pressure to tighten controls on nicotine products.
How vaping has been regulated until now
Under current Spanish law, vaping products are subject to specific national regulations on ingredients, labelling and sales, but are not fully aligned with tobacco legislation. Use of vapes has generally been restricted in indoor public spaces, while outdoor use has remained largely permitted.
Advertising rules for vaping have also differed from those governing cigarettes, with fewer limits on visibility and promotion in some settings. The proposed reform would eliminate those distinctions, placing vaping and smoking under a single regulatory framework.
Expansion of vape-free spaces
One of the most visible impacts would be the expansion of vape-free areas across Spain. The legislation proposes banning both smoking and vaping in a wide range of outdoor and semi-outdoor locations.
These include bar and restaurant terraces, public transport shelters, university campuses, beaches, playgrounds and access points to public buildings. If implemented, the reforms would significantly reduce the number of public spaces where vaping is permitted.
Local authorities would be responsible for enforcing the new restrictions, extending rules that currently apply mainly to indoor spaces.
Implications for retailers and public venues
Aligning vaping with tobacco law would also affect how products are sold and displayed. Retailers would be required to follow the same sales restrictions as those applied to cigarettes, potentially reshaping how vaping products are accessed and marketed.
Hospitality venues, transport operators and universities would also be required to update policies and signage to reflect expanded vape-free zones.
Part of a wider prevention push
The vaping crackdown sits alongside other preventive health measures under development, including a bill targeting alcohol consumption among minors. While separate from nicotine legislation, the proposals reflect a broader shift toward stricter regulation of legal substances, particularly where youth exposure is concerned.
Alcohol advertising and sponsorship would face new location-based bans, and under-18 consumption would be explicitly prohibited in public areas commonly used by children and adolescents.
Health system reforms as backdrop
Lawmakers are also advancing legislation to restore universal access to the National Health System, reversing restrictions imposed during the 2012 economic crisis.
Additional bills seek to curb healthcare privatisation, eliminate remaining co-payments for certain services and reinforce public management following recent controversies over hospital governance.
