Smoking in Germany

In Germany, smoking is widespread and is subject to very few and lax regulations compared to other European countries.^[1][2][3] Tobacco taxes in Germany are among the lowest in Europe.^[4] Germany ranks last on the Tobacco Control Scale^[5] and has sometimes been referred to as the "smoker's paradise" of Europe.^[6][5] According to German addiction researcher Heino Stöver, Germany has "[...] more cigarette vending machines than any other country in the world."^[7]

Under federal law, the manufacture, import, distribution, and advertisement of tobacco is regulated, while the 16 federal states of Germany each have their own legislation regarding smoking in public places,^[8] which range from relatively weak regulations to full smoking bans in all licensed premises, childcare facilities, schools and governmental institutions.

As of 2024, nearly 40% of the German population live in the three states which ban smoking in all restaurants, pubs, cafés and nightclubs (Bavaria, North Rhine-Westphalia, and Saarland). The other 13 states permit smoking in designated rooms or in bars with a floor area of less than 75 square meters.

According to a 2013 micro-census survey, 24.5% of the German population aged fifteen years and over are smokers (29% of men, 20% of women).^[9] Among the 18–25 age group, 35.2% are smokers.^[10]

In 2005, 27% of the population were current smokers. 23% were daily smokers (28% of men and 19% of women), while 4% smoked occasionally. The highest ratio of daily smokers was in the 20–24 age group: 38% of men and 30% of women.^[11] According to a 2010 study by University of Bielefeld, 9.9% of all 15-year-old males and 10.8% of 15-year-old females smoked daily, which showed a strong decline during the previous decade.^[12]

As in other industrial countries, the prevalence of smoking in Germany is lower among people with higher education levels.

A 2009 comparative study found that 25.1% of male and 20.6% of female medical students in Göttingen smoked, while in London the percentages were only 10.9% and 9.1%.^[13]

Germany had one of the largest numbers of cigarette vending machines per capita in the world.^[14]

According to a 2013 microcensus, about one in four (24.5%) people aged 15 years and over was a smoker: 20.9% regularly, and 3.6% occasionally. The rate of ex-smokers was 19.3%. The average age at which smokers begin is 17.8 years of age (in the age group of 15- to 20-year-olds the average age is 15.4 years).

In 2010, an average of 229 million cigarettes were smoked every day, corresponding to 1,021 cigarettes per capita.

Amount of smoked cigarettes per day, per Sozio-oekonomisches Panel (SOEP).

Average amount of cigarettes smoked daily, by year.^[19]

Since 2003, it has been illegal to label a tobacco product as "light", "mild", "low-tar" or to use any other wording that might suggest the product causes less harm than other tobacco products.^[20][21]

Radio and television advertising for tobacco products was banned in 1975.^[22] The Rundfunkstaatsvertrag (Interstate Broadcasting Treaty) of 1999 extended the ban to include sponsorship of television and radio shows.

In 2002, the Protection of Young Persons Act prohibited tobacco advertising in cinemas before 6 p.m.^[23] On 1 January 2007, the EU Tobacco Advertising Directive came into force, banning tobacco advertising on the internet, in newspapers, and in magazines. It also prohibited sponsorship of events broadcast internationally.^[24]

Germany was the last EU member state to allow billboard and cinema advertising for tobacco, but this changed with new restrictions. Outdoor advertising is being phased out: tobacco products (from January 2022), heated tobacco (from January 2023), and e-cigarettes (from January 2024).^[25] Cinema advertising for tobacco was banned in 2021.^[26]

Under the EU Tobacco Products Directive II, cigarette, rolling tobacco and hookah tobacco packages must cover 65% of their surface with combined pictorial and textual warnings on both large sides, plus additional warnings on the smaller sides. This has been mandatory since May 2017.

2003: €3.20 for 19 cigarettes

2014: €5.00 for 20 cigarettes

In Germany, tobacco tax is calculated based on both the quantity of tobacco and the retail price (§ 3 TabakStG). The tax amount is printed on the Steuerbanderole (tax strip) of each package.

In 2002 and 2003, tax increases were introduced to finance anti-terrorist measures. In 2004 and 2005, further increases supported health insurance. In 2010, tax hikes were scheduled for five consecutive years, from 2011 to 2015.

As of 2015, the tobacco tax was 9.82 cents per cigarette plus 21.69% of the retail price, with a minimum of 19.636 cents per cigarette (excluding VAT).

Several laws regulate the retail sale of tobacco products in Germany.

• Age limits: Under the Protection of Young Persons Act, it is unlawful to sell or supply tobacco products to anyone under 18. It is also illegal to allow minors to smoke in public places. While minors do not commit a crime by purchasing or consuming tobacco, retailers and other responsible persons commit an offence if they sell or tolerate consumption by minors. Police are obliged to confiscate tobacco from underage smokers.^[27] Before 2007 the minimum age was 16. Since 2009, all vending machines require ID verification (bank card, ID card or driving licence) to ensure buyers are 18 or older.
• Package sizes: It is unlawful to sell packages containing fewer than 19 cigarettes or less than 30 g of fine-cut tobacco. Exceptions apply to cigars and cigarillos under certain conditions.^[28]
• Retail price maintenance: Tobacco must be sold at the retail price printed on the tax strip. The only exception is free samples for advertising.^[29][30]
• Prizes and promotions: Tobacco products may not be offered as prizes in commercial gaming or gambling, and no additional items may be included in a package except for change.^[31][32]

The Federal Non-Smoking Protection Act (Bundesnichtraucherschutzgesetz, BNichtrSchG) introduced a smoking ban in:

• federal institutions and constitutional bodies of the federal government,
• public transportation,
• passenger stations of public railways.

The law does not apply to residential or accommodation facilities provided for personal use, and it allows for designated smoking rooms if federal conditions are met.^[33]

• 
  Smoking shelter in front of local administration
• 
  Memorial noting the introduction of the smoking ban in 2007 in all pubs, bars and restaurants in Bavaria
• 
  A smoking room at Munich Airport in 2009
• 
  Smoking ban notification at Berlin Friedrichstraße railway station
• 
  Designated smoking zone at Düsseldorf central railway station

The non-smoking protection law does not apply to cultural institutions (except cinemas) and sports facilities unless they are part of a school.

• Restaurants, Bars & Discothèques: Ban with exceptions. Smoking is permitted in:
  • Completely separate rooms marked as smoking rooms.
  • Pubs and bars smaller than 75 m², with only one room, that serve no or only cold food, restrict access to adults over 18, and are clearly marked as a smoking pub.^{[34]: § 7}
  • In discothèques, the separate smoking room may not have a dance floor.^{[34]: § 7}
• Government Institutions & Prisons: Ban with exceptions. Exceptions exist for designated enclosed rooms and for special events. In prisons, smoking is allowed in cells inhabited exclusively by smokers.^{[34]: § 5}
• Hospitals & Nursing Homes: Ban with exceptions. Exceptions apply for patients in palliative care, certain psychiatric treatments, or in court-ordered placements.^{[34]: § 6}
• Schools: Ban with exceptions. Exceptions can be made for adult students (from class 11) and teachers in designated outdoor areas, subject to committee approvals.^{[34]: § 2}
• Day Care & Public Transport: Complete ban.^{[34]: § 4}

Bavaria's Health Protection Act (GSG) is one of the strictest in Germany. A general ban applies in all enclosed public spaces, restaurants, cultural and leisure facilities.

• General Rule: Complete ban in all listed categories.^[35]
• Exceptions:
  • Hospitals & Prisons: Limited exceptions for patients in palliative care or psychiatric side rooms. The director of a correctional facility may permit smoking in common areas.^[35]
  • Cultural Institutions: Smoking may be permitted if it is part of an artistic performance.^[35]
  • Police/Prosecution Offices: May be permitted in designated areas during interrogations if the person being interrogated is a smoker and has approval.

• Restaurants, Bars & Discothèques: Ban with exceptions. Smoking is permitted in:
  • Truly separate, enclosed smoking rooms.
  • Hookah bars clearly designated as such.
  • Single-room pubs smaller than 75 m² that serve no or only cold food, are marked as a smoking pub, and restrict access to adults over 18.
  • Private "club" pubs (Vereinsgaststätten) run as smoking bars.
  • In all cases where exceptions apply (except separate rooms in regular restaurants), minors under 18 are not permitted on the premises.^[36]
• Government Institutions & Prisons: Ban with exceptions. Exceptions apply in designated rooms in correctional facilities, police stations (interrogation rooms), and court buildings (waiting areas).^[36]
• Hospitals & Nursing Homes: Ban with exceptions. Exceptions for designated rooms in psychiatric or rehabilitation centers, and for therapeutic reasons in palliative care.^[36]
• Cultural Institutions: Ban, but an exception is made for smoking as part of an artistic performance.^[36]
• Day Care, Schools, Gyms, Public Transport: Complete ban.^[36]

• Restaurants, Bars & Discothèques: Ban with exceptions. Smoking is permitted in:
  • A separated and ventilated smoking room.
  • Premises smaller than 75 m² that serve no or only cold food.
  • In discothèques, a separate smoking room with no dance floor is allowed.
  • Minors under 18 are not permitted in any of these smoking areas.^[37]
• Prisons: Ban with exceptions. Permitted in prison cells with the permission of the administration.^[37]
• Hospitals & Nursing Homes: Ban with exceptions. Permitted for therapeutic reasons in designated areas of health facilities (especially psychiatry and palliative care) and in private rooms of care facilities.^[37]
• Government, Day Care, Schools, Gyms, Cultural Institutions, Public Transport: Complete ban.^[37]

• Restaurants, Bars & Discothèques: Ban with exceptions. Smoking is permitted in:
  • Separated smoking rooms. In discothèques, this room may not be connected to the dance floor.
  • Single-room pubs smaller than 75 m² that serve no or only cold food, restrict access to adults over 18, and are clearly marked as a smoking pub.^[38]
• Prisons: Ban with exceptions. Permitted in solitary cells or in enclosed smoking rooms with permission from the department chief.^[38]
• Hospitals: Ban with exceptions. Permitted for patients in palliative care, psychiatric treatment, or under court-ordered placement, or if required to achieve a therapy goal.^[38]
• Government, Day Care, Schools, Gyms, Cultural Institutions, Public Transport: Complete ban.^[38]

• Restaurants, Bars & Discothèques: Ban with exceptions. Smoking is permitted in:
  • Separated and ventilated smoking rooms, with no entry for minors under 18.
  • Bars or clubs smaller than 75 m² that do not serve prepared food and have a liquor license, with no entry for minors under 18.^[39]
• Government Institutions: Ban with an exception for police custody rooms with case-by-case permission from the department chief.^[39]
• Prisons: Ban with an exception for habitation rooms if all residents consent and the chief of the establishment approves.^[39]
• Hospitals: Ban with exceptions for mandatory conceptual or therapeutic reasons.^[39]
• Day Care, Schools, Gyms, Cultural Institutions, Public Transport: Complete ban.^[39]

Buildings of the Hessischer Rundfunk may establish separated smoking rooms.

• Restaurants, Bars & Casinos: Ban with exceptions. Smoking is permitted in:
  • Completely separated smoking rooms.
  • Premises smaller than 75 m² with only one room, serving no or only cold food.
  • Private events with invited guests only.
  • Temporary party tents (max 21 days at one location).
  • Casinos (ban lifted by court ruling).^{[40]: § 2}
• Government Institutions: Ban with an exception for completely separated smoking rooms, and for police holding cells with permission from the department chief.^{[40]: § 2}
• Hospitals & Nursing Homes: Ban with exceptions. Exceptions are made for patients if smoking is part of a medical treatment, and for rooms used for residents' personal use.^{[40]: § 2}
• Prisons, Day Care, Schools, Gyms, Cultural Institutions, Discothèques, Public Transport: Complete ban.^{[40]: § 1}

Municipalities may ban smoking on public playgrounds.

• General Rule for Exceptions: In many public buildings (government, higher education, cultural institutions, restaurants), smoking is permitted in completely separated, marked smoking rooms or in single-room establishments smaller than 75 m² serving only cold food.^[41]
• Prisons: Ban does not apply to detention and interrogation rooms.^[41]
• Hospitals: Ban does not apply to patient rooms for court-ordered placements, palliative care rooms, for therapeutic goals, or for patients not permitted to leave the facility.^[41]
• Day Care, K-12 Schools, Gyms, Public Transport: Complete ban.^[41]

Separated smoking areas may be established in most public buildings.

• General Rule for Exceptions: In many public buildings (government, higher education, gyms, cultural institutions, restaurants, discothèques), smoking is permitted in completely separated, marked smoking rooms or in single-room establishments smaller than 75 m² serving only cold food.^[42]
• Prisons & Mental Hospitals: Ban with an exception for prisoner cells and patient rooms.^[42]
• Hospitals & Care Facilities: Ban with an exception for rooms for personal use if permitted by the attending physician.^[42]
• Day Care & K-12 Schools: Complete ban.

NRW has one of the strictest smoking bans nationwide.

• General Rule: A complete ban applies in almost all enclosed public spaces, including government institutions, schools, cultural institutions, restaurants, bars, and discothèques.^[43]
• Exceptions:
  • Prisons: Permitted in prisoner cells as long as all occupants are smokers.^[43]
  • Hospitals & Nursing Homes: Smoking rooms are permitted in inpatient nursing facilities. The ban does not apply to patients in palliative or psychiatric treatment, or for therapeutic reasons.^[43]

• Restaurants, Bars & Discothèques: Ban with exceptions. Smoking is permitted in:
  • Single-room pubs smaller than 75 m² serving no or only cold food, clearly marked as smoking establishments.
  • Separated rooms. In discothèques, the smoking room must be separate from the dance floor.
  • Temporary festival tents (max 21 days at one location).^[44]
• Prisons: Ban with an exception for holding cells if all residents give permission, and in separated smoking rooms.^[44]
• Hospitals & Nursing Homes: General ban, but does not apply to rooms for personal use. Specific exceptions exist for psychiatric, palliative, or therapeutic reasons, and for residents of elderly/care homes if a separate smoking room is provided.^[44]
• Day Care: Ban with an exception for individual cases where the head of the facility may permit it.^[44]
• Cultural Institutions: Ban with an exception for artistic performances.^[44]
• Government Institutions, Schools, Gyms, Public Transport: Complete ban.^[44]

• Government Institutions: Ban with an exception for separated and clearly highlighted smoking facilities.^[45]
• Prisons & Hospitals: Ban does not apply in rooms ceded for personal use in prisons, forensic commitment facilities, hospices, and palliative care facilities.^[45]
• Day Care, Schools, Gyms, Cultural Institutions, Discothèques, Restaurants, Public Transport: Complete ban.^[45]

• Restaurants, Bars, Clubs & Gambling Premises: Ban with exceptions. Smoking is permitted in:
  • Separated rooms marked for smoking, with access restricted to adults over 18.
  • Single-room bars or gambling premises smaller than 75 m², marked for smoking, with access restricted to adults over 18.
  • During private, rented events.^[46]
• Government, Prisons & Hospitals: Ban with exceptions. Separated smoking rooms are permitted in many cases, including for therapeutic reasons in hospitals, in correctional facilities, and in designated police/prosecutor rooms during interrogations.^[46]
• Day Care, Schools, Gyms, Cultural Institutions, Public Transport: Complete ban.^[46]

• General Rule for Exceptions: Smoking rooms can be permitted in many public spaces, including government buildings, higher education facilities, hotels, shopping malls, and restaurants.^[47]
  • Restaurants: Owner-operated, single-room restaurants smaller than 75 m² serving only cold food may permit smoking if minors are not allowed.^[47]
  • Discothèques: Smoking rooms are allowed if they are not directly connected to the dance floor and minors are not permitted.^[47]
• Prisons & Hospitals: Ban does not apply to rooms for personal use, in correctional facilities, or in forensic commitment facilities.^[47]
• Day Care, K-12 Schools, Gyms, Cultural Institutions, Public Transport: Complete ban.^[47]

• Restaurants, Bars & Discothèques: Ban with exceptions. Smoking is permitted in:
  • Enclosed, separated rooms (including for private events), with no entry for minors.
  • Owner-operated, single-room restaurants smaller than 75 m² serving only cold food, if minors are not permitted.^[48]
• Prisons & Hospitals: Ban does not apply to rooms for personal use. Exemptions can be granted by facility management for medical or therapeutic reasons. Also exempt are temporary tents for events.^[48]
• Government, Day Care, Schools, Gyms, Cultural Institutions, Public Transport: Complete ban.^[48]

• Government, Restaurants, Bars & Discothèques: Ban with exceptions. Smoking is permitted in:
  • Structurally separated smoking rooms.
  • Single-room pubs smaller than 75 m² serving only cold food, restricting access to adults over 18, and clearly marked as a smoking pub.^[49]
• Prisons & Hospitals: Ban does not apply to gambling premises, rooms for personal use, or where facility management gives permission.^[49]
• Day Care, Schools, Gyms, Cultural Institutions, Public Transport: Complete ban.^[49]

• Anti-tobacco movement in Nazi Germany
• Reemtsma, the main tobacco company

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