The Use of the Electronic Cigarette in Spain

With the amendment of the General Law on the Protection of Consumers and Users (Law 3/2014, of 27 March), in force since 13 June 2014, the use of the electronic cigarette is partially regulated, owing to which the Law 28/2005, of 26 December, on health measures with regard to smoking and the regulation of the sale, supply, consumption and advertising of tobacco products, has been modified.

The law prohibits vaping in public administration buildings, healthcare centres, educational establishments (except in outdoor areas of universities and other schools for adults), means of transport and children’s parks. In contrast, it gives free reign to the use of electronic cigarettes in bars and restaurants, and in places of work. Although it does not limit their sale to tobacconist shops or regulated vending machines, as is the case with traditional cigarettes, it does make them comparable with regard to the ban on their sale to minors, to whom it is also illegal to offer products that imitate their form or characteristics. Furthermore, it includes the obligation to display signs alerting of their prohibition to people younger than 18 years of age.

The law also regulates advertisements for electronic cigarettes, which may not be broadcast during the hours of children’s television, as is already the case with traditional tobacco. The rule affects all devices that are likely to release nicotine, and it is established that in the period of 6 months following the enactment of this rule, public and private radio and television stations and advertising agencies, together with the representatives of the manufacturers, will adopt a code of self-regulation regarding the methods and contents of advertising messages relative to devices likely to release nicotine.

This article is not considered as legal advice

Mariscal Abogados specializes in providing legal advice and effective business solutions to companies in the drafting, negotiation and analysis of all types of commercial contracts (sale, purchase, loan, supply, etc.). If you have a query, do not hesitate to Contact us.