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 electronic cigarettes is partially regulated, owing to which the Law 28/2005, of 26 December, on health measures about 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 rein to the use of electronic cigarettes in bars, restaurants, and places of work. Although it does not limit their sale to tobacco shops or regulated vending machines, as is the case with traditional cigarettes, it does make them comparable concerning 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 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.

For additional information regarding the electronic cigarette in Spain,

Please note that this article is not intended to provide legal advice.

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