Is Vaping Legal in Spain?

Yes, vaping is legal in Spain, but it is regulated under specific guidelines established by the Spanish government. 

The regulations for vaping differ depending on the type of product. While e-cigarettes (vaping devices) are legal, they are subject to restrictions regarding advertising, sales to minors, and usage in certain public spaces. 

The new regulations for heated tobacco products (HTP) have aligned them more closely with conventional cigarettes in terms of health warnings and sales prohibitions, particularly with regards to flavored additives.

This article explores the legal landscape surrounding vaping in Spain, with a particular focus on the latest regulations and restrictions in place to protect public health.

Vaping has become a significant trend in Spain, reflecting a wider global shift towards alternatives to traditional smoking. 

According to the EDADES (2020) survey, 10% of the Spanish population aged 15-64 have tried e-cigarettes at least once. Notably, men are more likely to use these devices, with 12% having tried them compared to 8.9% of women. 

However, the highest rates of use are found among young people aged 15-24, highlighting a worrying trend among young people.
This increase in the use of e-cigarettes is reflected in the growing popularity of heated tobacco products (HTPs). 

From January 2017 to July 2018, sales of HTPs multiplied by nine, showing a sharp increase in demand. These figures suggest that vaping and heated tobacco products are reshaping consumption patterns, attracting new users and leading to dual use alongside traditional tobacco.

Vaping is allowed in a number of places, but with certain restrictions.

In general, vaping is allowed in

• Outdoor areas: Parks, streets and open spaces are places where vaping is allowed, unless local bylaws say otherwise.
• Private spaces: You can vape in your home, private vehicles and other personal spaces, unless the owner of the property prohibits it.
• Bars and restaurants (outdoor): Vaping is usually allowed in the outdoor areas of bars and restaurants, unless restricted by the establishment itself.

List of public places, including but not limited to, where vaping is banned:

• Healthcare facilities
• Educational centres
• Enclosed workplaces
• Public transport
• Indoor bars and restaurants
• Playgrounds and children's areas

i: These restrictions are similar to those imposed on traditional smoking to protect public health. Local laws may impose additional restrictions.

This was to make them safer for the public. The changes were based on the Real Decreto 579/2017, which was updated in early 2024. 

• Regulatory alignment with traditional cigarettes: Heated tobacco products, which were previously subject to less stringent regulations, are now treated in a similar way to traditional cigarettes. This means they will have to comply with the same health warnings and sales restrictions.
  
  
• Flavoured tobacco ban: The sale of flavoured heated tobacco products, which are often more appealing to younger people, has been banned. This is in line with the EU Directive to prevent the use of flavourings that may mask the harmfulness of tobacco.
  
  
• Mandatory health warnings: The packaging of heat-not-burn tobacco products must now carry prominent health warnings similar to those on traditional cigarette packets. This includes the standard warning: "El humo del tabaco contiene más de 70 sustancias cancerígenas" ("Tobacco smoke contains more than 70 carcinogenic substances"). In addition, colour photographs from a government-specified image library must be used to emphasise the health risks associated with these products.
  
  
• Prohibition of modifiers: Filters, papers and capsules that modify the flavour or enhance the effects of heat-not-burn tobacco will be banned. This measure aims to prevent the intensification of the tobacco experience and to reduce the appeal to consumers, especially young people.
  
  
• Removal of labelling exemptions: Heated tobacco products must now comply with the same strict labelling requirements as traditional cigarettes. They will no longer be exempt from displaying combined health warnings and the health message on the dangers of tobacco smoke.
  
  
• Timetable for implementation: The updated regulation will come into force three months after its publication in the Boletín Oficial del Estado (BOE), giving manufacturers and retailers time to comply with the new laws. This means that manufacturers and retailers have until April 2024 to comply with the updated legislation.

• Real Decreto 579/2017: Regulates the manufacture, presentation and sale of tobacco products, but also provides the framework for the regulation of novel products such as vaping devices.
• Directive 2014/40/UE: Regulates the sale and regulation of e-cigarettes and vaping products across the EU.
• Royal Decree 47/2024: Focuses on heated tobacco products, while vaping regulations are being developed separately by the Ministry of Health.