Kara Sears
Smoking bans, or smoke-free laws, are public policies that prohibit tobacco smoking in certain spaces. The first surgeon general's report on the adverse health effects of smoking was published in 1964, and within a year, the first law requiring cigarette package labelling was passed. In 1975, Italy banned smoking on public transit vehicles and in some public buildings, and in 1985, the first report about the association between cardiovascular risk and secondhand smoke was published. In the 1990s, US state and local governments began enacting more restrictive bans, and in 2003, New York City amended its smoke-free law to include restaurants and bars. Smoking bans have since been enacted in various countries and jurisdictions, with varying levels of restrictiveness, in an attempt to protect non-smokers from the harmful effects of secondhand smoke.
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What You'll Learn
Smoking bans in the UK
In 2006, Scotland became the first nation within the UK to implement a ban on smoking in enclosed public spaces, with Wales and Northern Ireland following suit in April 2007. England introduced similar legislation in July 2007, completing the UK's indoor smoking ban. This ban was a consequence of the Health Act 2006, which aimed to prevent and control healthcare-associated infections. The Smoke-free (Exemptions and Vehicles) Regulations 2007 banned smoking in all enclosed public areas, including pubs and restaurants, with some exemptions for theatres and television studios.
Prior to the ban, smoking was permitted indoors with concessions like smoke rooms and designated smoking areas. The ban's implementation led to a decline in smoking incidence, with a notable decrease in smokers from 22% in 2006 to 15% by 2019. Public support for the ban has also grown, with a 2017 YouGov survey showing 83% approval, up from 78% in 2007.
Despite the overall positive reception, there have been incidents of violence perpetrated by those refusing to obey the ban. Additionally, some groups have advocated for the right to privacy of smokers in public, while businesses in the hospitality sector have expressed concerns about the potential impact on their operations.
In recent years, there has been a push for further restrictions, including banning smoking outside schools and hospitals in England. In 2023, Prime Minister Rishi Sunak announced his intention to phase out cigarette sales by making it illegal to sell to anyone born after 2008. This proposal, known as the Tobacco and Vapes Bill, was part of the King's Speech during the 2023 State Opening of Parliament. However, due to the calling of a general election in 2024, the legislation did not pass through Parliament.
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Smoking bans in the US
Smoking bans, or smoke-free laws, are public policies that prohibit tobacco smoking in certain spaces. The most common rationale cited for restrictions on smoking is the negative health effects associated with secondhand smoke. In the US, the first Surgeon General's report on smoking was published in 1964, and within a year, the first law requiring cigarette package labelling was passed. This report, called Smoking and Health: Report of the Advisory Committee to the Surgeon General of the Public Health Service, recognised the proven link between smoking and lung cancer.
Efforts to limit exposure to secondhand smoke began in the 1970s with legislation requiring non-smoking areas in public places and on commercial airline flights. In the 1980s, legislative requirements for non-smoking areas expanded to cover private workplaces as well. The first statewide law requiring separate smoking areas in public places was the Minnesota Clean Indoor Air Act. By the 1990s, state and local governments across the country enacted an increasing number of more restrictive bans, including bans on smoking in most workplaces in some states.
In 1990, San Luis Obispo became the first city in the world to ban smoking in all public buildings. In 1993, Shasta and Davis Counties in California implemented the first comprehensive smoke-free law, covering all three indoor areas: workplaces, restaurants, and bars. Since 1995, smoking has been banned in all enclosed workplaces in California, including bars and restaurants. In 1998, California became the first state to pass a comprehensive statewide smokefree air law, eliminating smoking in bars, restaurants, and most other public places.
In 2003, New York City amended its smoke-free law to include virtually all restaurants and bars, making it one of the toughest in the United States, along with California. In 2006, Santa Monica banned smoking within 20 feet of entrances, exits, or operable windows of a public building, in local parks, on the Third Street Promenade, on local beaches, and on the Santa Monica Pier (except within designated zones). In 2007, smoke-free workplaces were introduced in the US, and in 2009, the Public Health Law Research Program published an evidence brief summarising the research assessing the effect of a specific law or policy on public health. They stated that "There is strong evidence supporting smoking bans and restrictions as effective public health interventions aimed at decreasing exposure to secondhand smoke."
As of 2017, five states ban smoking in most enclosed public places, but permit smoking in adult venues such as bars and casinos. The strictest smoking ban in the US is in Calabasas, California, where smoking anywhere a non-smoker could congregate, including public sidewalks and apartment complexes, is a misdemeanour punishable by a fine of at least $250.
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Smoking bans in other countries
Smoking bans, or smoke-free laws, are public policies that prohibit tobacco smoking in certain spaces. They are usually enacted to protect non-smokers from the harmful effects of secondhand smoke, which include an increased risk of heart disease, cancer, and other diseases. While smoking laws were first introduced in the 1900s, with the first surgeon general's report on smoking published in 1964, many countries have strengthened their smoking regulations in recent years.
Ireland was the first country to implement a comprehensive nationwide smoke-free workplace law on March 29, 2004, banning smoking in all indoor workplaces, including restaurants and bars. This sparked a global movement toward stricter smoking regulations.
In Europe, countries such as Italy, Denmark, Finland, and Sweden have demonstrated "very good" compliance with anti-smoking laws. Italy passed the Legge Sirchia in 2003, banning smoking in all indoor public places from January 10, 2005. Norway followed suit in June 2004, and Scotland implemented a smoking ban in March 2006. Wales and Northern Ireland introduced bans in April 2007, and England followed in July of the same year.
Andorra introduced a smoking ban in all public places in December 2012, with an exception for bars and restaurants that met strict conditions. In 2014, Andorra joined France and Spain in banning smoking indoors, resulting in the country's first smoke-free ski season.
In South America, Uruguay became the first country in its region to adopt smoke-free measures in 2006, banning smoking in all public spaces and workplaces. Argentina also implemented a comprehensive smoking ban in 2011, prohibiting smoking in workplaces, schools, hospitals, public transport, and other indoor areas. Brazil has also shown a strong commitment to smoke-free laws, banning smoking in all indoor private and public places in 2014 and successfully reducing the number of heart attacks in hospitals.
In Oceania, New Zealand has been proactive in tackling tobacco use. In December 2003, it passed legislation to progressively implement a smoking ban in schools, school grounds, and workplaces. Australia, a country with strong smoke-free initiatives, has seen its largest state, Queensland, create smoke-free public spaces and plan tighter regulation for e-cigarettes and vaping.
Mexico stands out for having some of the strictest anti-smoking laws globally, with an outright ban on smoking in all public spaces.
The movement toward stricter smoking regulations is a global phenomenon, with many countries recognizing the severe health risks associated with tobacco use and taking action to protect their citizens' health and raise a "smoke-free" generation.
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Health warnings on cigarette packs
Smoking laws have been introduced over the years in different parts of the world to curb the harmful effects of smoking and secondhand smoke. These laws include restrictions on publicity, bans on smoking in public places and indoor areas, and requirements for health warnings on cigarette packs.
The tobacco industry has historically opposed the inclusion of health warnings on cigarette packs, particularly those with graphic elements. Graphic health warning labels (GHWLs) were first implemented in Iceland in 1985 but were removed in 1996 due to industry pressure. However, the diffusion of GHWLs gained momentum in the 2000s, with many countries adopting them. These labels combine images and text to depict specific health harms caused by smoking, such as lung cancer, heart disease, stroke, and mouth disease.
Over time, the size and placement of health warnings on cigarette packs have evolved. By 2012, 169 out of 193 countries had implemented health warning labels, with 49 of those using graphic labels. Some countries, like Australia, have introduced groundbreaking legislation, removing all marketing and brand devices from cigarette packages and replacing them with expanded health warnings. Other countries, like Bolivia, have increased the size of graphic health warnings to cover 60% of the front and back of cigarette packs.
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Smoking laws in public spaces
Utah was the first state to pass a comprehensive ban on smoking in public places with the Utah Indoor Clean Air Act in 1994. Since then, several other states have followed suit, with California, Illinois, and New York having some of the toughest smoking laws in the country. These laws typically prohibit smoking in indoor workplaces, restaurants, bars, schools, public transport, and government buildings. Some states, like California, have also implemented smoke-free regulations for private residential buildings and outdoor areas such as parks and beaches.
In Europe, Italy was an early adopter of smoking restrictions, banning smoking on public transit vehicles and in certain public buildings as early as 1975. In 2003, Italy passed the Legge Sirchia, which banned smoking in all indoor public places, including bars and restaurants, by 2005. Ireland implemented a similar nationwide ban in 2004, followed by Scotland, Wales, Northern Ireland, and England between 2006 and 2007.
While there has been progress in reducing second-hand smoke exposure in public spaces, many people are still exposed in areas not covered by these policies, including their homes. The World Health Organization (WHO) estimates that only 5% of the world's population is covered by comprehensive smoke-free laws, and over 8 million people are predicted to die from tobacco use annually by 2030.
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Frequently asked questions
Smoking laws were first introduced in ancient times, with Pope Clement VIII threatening excommunication for anyone who smoked in a holy place, and the first Romanov Tsar, Michael Feodorovich, declaring the use of tobacco a deadly sin in Russia. However, modern smoking laws, which are based on the negative health effects of smoking, started to be introduced from the 1960s onwards.
The first Surgeon General's report on smoking was published in 1964 and acknowledged the proven link between smoking and lung cancer. Within a year, the first law requiring the labelling of cigarette packages was passed.
Smoking bans started to be introduced in the 1990s, with Italy banning smoking on public transport vehicles and in some public buildings in 1975. In the late 1990s and early 2000s, some US states implemented comprehensive smoking bans in most workplaces and public places. In the 2000s, several countries, including Ireland, Scotland, Wales, Northern Ireland, England, and New Zealand, introduced smoking bans in all indoor public places.
