Fines of up to 100 euros to parents of minors who smoke: the anti -tabaco law includes new sanctions

The new Anti -Tabaco Law, approved in the Council of Ministers on September 9, 2025, brings such important news as the prohibition of smoking in restaurant terraces or expanding smokeless areas to courtyards or swimming pools, but the norm does not stay there. The new law also changes the sanctioning regime and among its main novelties are fines of up to 100 euros to minors who smoke or vapeen, who will fall subsidiarily for their parents or guardians. It is not the only update on sanctions, but also changes fines for serious and very serious behaviors, with sanctions that reach up to 600,000 euros.

The approved text that is based on Royal Decree 47/2024 (which can be consulted in the BOE) expands the spaces where smoking or vaping beaches, university campuses, stations and transport marques, as well as shared job use vehicles. A series of measures that are set aside to the social consensus, according to the reports and the testimony collected from hoteliers, doctors, truck drivers, tourists and professionals of all kinds of areas.

SANCTIONS TO MINOR: Parents must pay

One of the most striking sections of the law is the direct sanction to minors who smoke or use electronic cigarettes. Although the infraction is considered mild, with a amount of up to 100 euros, it will be the family (parents or guardians) who responds economically. The government emphasizes that this measure has a deterrent character, to stop early initiation in nicotine consumption.

From 100 euros to 600,000

The standard details a sanctioning scheme divided into three levels: mild, serious and very serious.

Mild, up to 100 euros

They can sanction you slightly for these reasons:

• Smoking or consuming related products, excluding nicotine bags, in places where prohibition or outside the areas enabled for this purpose.
• Do not dispose or not to expose in a visible place in the establishments in which the sale is authorized by the posters that report the prohibition of tobacco sale and products related to those under eighteen years and warn about the damages for health derived from the use of tobacco and related products.
• That vending machines do not have the mandatory health warning or do not comply with the legally mandatory characteristics.
• Do not inform at the entry of the establishments of the prohibition of smoking or consuming related products, excluding nicotine bags.
• The sale or marketing of these products by minors.
• Consumption by minors. In this case, parents, mothers, tutoring or guardians will respond subsidiarily.

Serious, up to 10,000 euros

For serious sanctions the following situations are contemplated:

• Enabling areas for smoking or consuming related products in establishments and places where their qualification is not allowed or in which there is a prohibition of doing so.
• The accumulation of three infractions for smoking in prohibited places.
• The marketing, sale and supply of cigarettes and cigarettes not provided with a natural layer in sales packaging units less than 20 units, as well as individual units, and do it where it is not allowed.
• The delivery or distribution of samples of any product of tobacco or related products, whether or not they are free.
• The installation or site of vending machines in expressly prohibited places or that they supply products other than tobacco.
• The sale and remote supply or similar procedures, except through vending machines.
• The free or promotional distribution, outside the Network of Skinds, of products, goods or services for the purpose or direct or indirect effect of promoting a tobacco product.
• The discounts.
• The sale or delivery to minor people of tobacco products and related products, as well as their devices, or products that imitate tobacco products and induce smoking or vaping, as well as sweets, refreshments, toys and other objects that imitate them and can be attractive to minors.
• Allow minors to use vending machines and that they lack the proper activation or implementation mechanism by the head of the establishment.
• The free or promotional distribution of products, goods or services for the purpose or direct or indirect effect of promoting a product of tobacco or products related to minors.
• The commercialization of goods or services using names, brands, symbols or other distinctive signs already used for a product.
• The free distribution in watersries of goods and services related exclusively to tobacco products or to the habit of smoking or consuming related products or carrying names, brands, symbols or other distinctive signs that are used for them.
• The commercialization of tobacco for oral use.
• Do not meet the requirements required in the field of information communication by manufacturers.

Very serious, up to 600,000 euros

Within the very serious infractions, for example, the advertising or sponsorship of vape drivers and heated tobacco, an aspect that had already been addressed in Royal Decree 47/2024 is contemplated. This hardening line seeks to match the legal treatment of electronic cigarettes and conventional tobacco products. These types of infractions may be punished with up to 600,000 euros.

More smoke -free spaces

The law also expands the spaces where you cannot smoke or vapor. The hospitality terraces, public pools and beaches are now included, as well as university campuses. It will also be forbidden to do so in stations, marques and in shared job use vehicles. With these measures, the Ministry of Health aims to protect not only passive smokers, but also especially vulnerable groups such as minors.

One more step in the fight against smoking

With this approval, Spain takes a step forward in the public health strategy against smoking that began with Law 28/2005 and was consolidated with the 2010 reform. The Ministry of Health remembers that smoking remains one of the main avoidable causes of disease and death, and that the hardening of the regulations seeks to reduce its prevalence and stop the rise of the vaping among young people.