Smoking ban
Smoking bans, or smoke-free laws, are public policies, including criminal laws and occupational safety and health regulations, that prohibit tobacco smoking in certain spaces. The spaces most commonly affected by smoking bans are indoor workplaces and buildings open to the public such as restaurants, bars, office buildings, schools, retail stores, hospitals, libraries, transport facilities, and government buildings, in addition to public transport vehicles such as aircraft, buses, watercraft, and trains. However, laws may also prohibit smoking in outdoor areas such as parks, beaches, pedestrian plazas, college and hospital campuses, and within a certain distance from the entrance to a building, and in some cases, private vehicles and multi-unit residences.
The most common rationale cited for restrictions on smoking is the negative health effects associated with secondhand smoke, or the inhalation of tobacco smoke by persons who are not smoking. These include diseases such as heart disease, cancer, and chronic obstructive pulmonary disease. The number of smoking bans around the world increased substantially in the late 20th century and early 21st century due to increased knowledge about these health risks. Many early smoking restrictions merely required the designation of non-smoking areas in buildings, but policies of this type became less common following evidence that they did not eliminate the health concerns associated with SHS. A 2024 systematic review revealed that air quality in partially enclosed outdoor hospitality venues where smoking is permitted as well as inside the adjacent outdoor and indoor non-smoking areas, the World Health Organization PM2.5 guidelines supporting extensions of smoke-free policies to outdoor hospitality settings are often exceeded.
Opinions on smoking bans vary. Many individuals and organizations such as the World Health Organization support smoking bans on the basis that they improve health outcomes by reducing exposure to SHS and possibly decreasing the number of people who smoke, while others oppose smoking bans and assert that they violate individual and property rights and cause economic hardship, among other issues.
Rationale
Smoking bans are usually enacted in an attempt to protect non-smokers from the effects of secondhand smoke, which include an increased risk of heart disease, cancer, chronic obstructive pulmonary disease, and other diseases. Laws implementing bans on indoor smoking have been introduced by many countries and other jurisdictions as public knowledge about these health risks increased.Additional rationales for smoking restrictions include reduced risk of fire in areas with explosive hazards; cleanliness in places where food, pharmaceuticals, semiconductors, or precision instruments and machinery are produced; decreased legal liability; potentially reduced energy use via decreased ventilation needs; reduced quantities of litter; healthier environments; and giving smokers incentive to quit.
Evidence basis
Research has generated evidence that secondhand smoke causes the same problems as direct smoking, including Erectile dysfunction lung cancer, cardiovascular disease, and lung ailments such as emphysema, bronchitis, and asthma. Specifically, meta-analyses show that lifelong non-smokers with partners who smoke in the home have a 20–30% greater risk of lung cancer than non-smokers who live with non-smokers. Non-smokers exposed to cigarette smoke in the workplace have an increased lung cancer risk of 16–19%. An epidemiology report by the Institute of Medicine, convened by the United States Centers for Disease Control and Prevention, says that the risk of coronary heart disease is increased by around 25–30% when one is exposed to secondhand smoke. The data shows that even at low levels of exposure, there is a risk, and the risk increases with more exposure.A study issued in 2002 by the International Agency for Research on Cancer of the World Health Organization concluded that non-smokers are exposed to the same carcinogens on account of tobacco smoke as active smokers. Sidestream smoke emitted from the burning ends of tobacco products contains 69 known carcinogens, particularly benzopyrene and other polynuclear aromatic hydrocarbons, and radioactive decay products, such as polonium-210. Several well-established carcinogens have been shown by the tobacco companies' own research to be present at higher concentrations in secondhand smoke than in mainstream smoke.
Scientific organisations confirming the effects of secondhand smoke include the U.S. National Cancer Institute, the U.S. Centers for Disease Control and Prevention, the U.S. National Institutes of Health, the Surgeon General of the United States, and the World Health Organization.
Air quality in bars and restaurants
Restrictions on smoking in bars and restaurants can substantially improve the air quality in such establishments. For example, one study listed on the website of the CDC states that New York's statewide law to eliminate smoking in enclosed workplaces and public places substantially reduced RSP levels in western New York hospitality venues. RSP levels were reduced in every venue that permitted smoking before the law was implemented, including venues in which only smoke from an adjacent room was observed at baseline. The CDC concluded that their results were similar to other studies, which also showed substantially improved indoor air quality after smoking bans were instituted.A 2004 study showed New Jersey bars and restaurants had more than nine times the levels of indoor air pollution of neighbouring New York City, which had already enacted its smoking ban.
Research has also shown that improved air quality translates to decreased toxin exposure among employees. For example, among employees of the Norwegian establishments that enacted smoking restrictions, tests showed decreased levels of nicotine in the urine of both smoking and non-smoking workers.
Public Health Law Research
In 2009, the Public Health Law Research Program, a national program office of the US-based Robert Wood Johnson Foundation, 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."Ecological Damage
Many smokers carelessly discard cigarette butts, which easily enter ecosystems. Cigarette butts contain high levels of nicotine, a devastating toxin for most animals. Many animals, including infants, may ingest these butts, facing both the immediate threat of nicotine poisoning and the dangers associated with plastic ingestion. Furthermore, burning cigarette butts can cause wildfires. Disposing of cigarette butts in sewers can lead to clogged drains and subsequent flooding.Tobacco farming also has negative environmental impacts. Firstly, it contributes to deforestation, with approximately 5% of global deforestation linked to tobacco cultivation. An estimated one tree is lost for every 300 cigarettes produced. Deforestation leads to climate change, biodiversity loss, soil erosion, and water pollution. Secondly, tobacco farming requires large amounts of fertilizer, causing soil degradation and pollution. Some fertilizers even contain radioactive materials that can be transferred to the lungs of smokers and those exposed to secondhand smoke. Additionally, tobacco farming consumes significant water resources, exacerbating water shortages. The overuse of pesticides pollutes water sources, harms wildlife, and poses health risks to tobacco farmers, particularly in developing countries where safety knowledge may be lacking and child labor is prevalent. Tobacco production also releases substantial greenhouse gas emissions, contributing to climate change. Tobacco waste pollutes oceans, rivers, soil, and urban environments. In developing countries, tobacco farming raises food security concerns, as valuable water and farmland are used for tobacco instead of food crops. Overall, tobacco farming causes severe damage to both the environment and human health, necessitating measures to reduce its negative impacts.
History
One of the world's earliest smoking bans was a 1575 Roman Catholic Church regulation which forbade the use of tobacco in any church in Mexico. In 1590, Pope Urban VII moved against smoking in church buildings. He threatened to excommunicate anyone who "took tobacco in the porchway of or inside a church, whether it be by chewing it, smoking it with a pipe or sniffing it in powdered form through the nose". Pope Urban VIII imposed similar restrictions in 1624. In 1604 King James VI and I published an anti-smoking treatise, A Counterblaste to Tobacco, that had the effect of raising taxes on tobacco. Russia banned tobacco for 70 years from 1627.The Ottoman Sultan Murad IV prohibited smoking in his empire in 1633 and had smokers executed. The earliest citywide European smoking bans were enacted shortly thereafter. Such bans were enacted in Bavaria, Kursachsen, and certain parts of Austria in the late 17th century. Smoking was banned in Berlin in 1723, in Königsberg in 1742, and in Stettin in 1744. These bans were repealed in the revolutions of 1848. Before 1865, Russia had a ban on smoking in the streets.
The first building in the world to ban smoking was the Old Government Building in Wellington, New Zealand in 1876. The ban related to concerns about the threat of fire, as it is the second largest wooden building in the world.
The first modern attempt at restricting smoking saw Nazi Germany banning smoking in every university, post office, military hospital, and Nazi Party office, under the auspices of Karl Astel's Institute for Tobacco Hazards Research, established in 1941 under orders from Adolf Hitler. The Nazis conducted major anti-tobacco campaigns until the demise of their regime in 1945.
In the latter part of the 20th century, as research on the risks of secondhand tobacco smoke became public, the tobacco industry launched "courtesy awareness" campaigns. Fearing reduced sales, the industry began a media and legislative programme that focused on "accommodation". Tolerance and courtesy were encouraged as a way to ease heightened tensions between smokers and those around them, while avoiding smoking bans. In the US, states were encouraged to pass laws providing separate smoking sections.
In 1975, the U.S. state of Minnesota enacted the Minnesota Clean Indoor Air Act, making it the first state to restrict smoking in most public spaces. At first restaurants were required to have "No Smoking" sections, and bars were exempt from the Act. As of 1 October 2007 Minnesota enacted a ban on smoking in all restaurants and bars statewide, called the Freedom to Breathe Act of 2007.
The resort town of Aspen, Colorado became the first city in the US to restrict smoking in restaurants in 1985, though it allowed smoking in areas that were separately ventilated.
On 3 April 1987, the city of Beverly Hills, California initiated an ordinance to restrict smoking in most restaurants, in retail stores, and at public meetings. It exempted restaurants in hotels – City Council members reasoned that hotel restaurants catered to large numbers of visitors from abroad, where smoking is more acceptable than in the United States.
In 1990, the city of San Luis Obispo, California became the first city in the world to restrict indoor smoking in bars as well as in restaurants. The ban did not include workplaces, but covered all other indoor public spaces and its enforcement was somewhat limited.
In the United States, California's 1998 smoking ban encouraged other states such as New York to implement similar regulations. California's ban included a controversial restriction on smoking in bars, extending the statewide ban enacted in 1994. As of April 2009, there were 37 states with some form of smoking ban. Some areas in California began banning smoking across whole cities, including every place except residential homes. More than 20 cities in California enacted park- and beach-smoking restrictions. In May 2011, New York City expanded its previously implemented smoking ban by banning smoking in parks, beaches and boardwalks, public golf courses and other areas controlled by the New York City Parks Department. In recent years New York City has passed administrative codes §17-502 and §17-508 forcing landlords of privately owned buildings, cooperatives, and condominiums to adopt a smoking policy into all leases. These codes oblige landlords to enact provisions telling tenants the exact locations where they can or can not smoke. In January 2010, the mayor of Boston, Massachusetts, Thomas Menino, proposed a restriction upon smoking inside public housing apartments under the jurisdiction of the Boston Housing Authority.
From December 1993, in Peru, it became illegal to smoke in any public enclosed place and any public transport vehicle. There is also legislation restricting publicity, and it is also illegal to sell tobacco to minors or directly to advertise tobacco within 500m of schools.
On 11 November 1975 Italy banned smoking on public transit vehicles and in some public buildings. After an unsuccessful attempt in 1986, on 16 January 2003 the Italian parliament passed the Legge Sirchia, which would ban smoking in all indoor public places, including bars, restaurants, discotheques and offices from 10 January 2005.
On 3 December 2003, New Zealand passed legislation to progressively implement a smoking ban in schools, school grounds, and workplaces by December 2004.
On 29 March 2004, the Republic of Ireland implemented a nationwide ban on smoking in all workplaces. In Norway, similar legislation came into force on 1 June the same year.
In Scotland, Andy Kerr, the Minister for Health and Community Care, introduced a ban on smoking in public areas on 26 March 2006. Smoking was banned in all public places in the whole of the United Kingdom in 2007, when England became the final region to have the legislation come into effect.
On 12 July 1999, a Division Bench of the Kerala High Court in India banned smoking in public places by declaring "public smoking as illegal first time in the history of the whole world, unconstitutional and violative of Article 21 of the Constitution". The Bench, headed by Dr. Justice K. Narayana Kurup, held that "tobacco smoking" in public places "falls within the mischief of the penal provisions relating to public nuisance as contained in the Indian Penal Code and also the definition of air pollution as contained in the statutes dealing with the protection and preservation of the environment, in particular, the Air, Act 1981."
In 2003, India introduced a law that banned smoking in public places like restaurants, public transport, or schools. The same law also made it illegal to advertise cigarettes or other tobacco products.
In 2010 Nepal planned to enact a new anti-smoking bill that would ban smoking in public places and outlaw all tobacco advertising to prevent young people from smoking.
On 31 May 2011 Venezuela introduced a ban on smoking in all enclosed public and commercial spaces, including malls, restaurants, bars, discos, workplaces, etc.
Smoking was first restricted in schools, hospitals, trains, buses, and train stations in Turkey in 1996. In 2008, a more comprehensive smoking ban was implemented, covering all public indoor venues.
The Plage Lumière beach in La Ciotat, France, became the first beach in Europe to restrict smoking from August 2011, to encourage more tourists to visit the beach. Effective as of 1 July 2025, the prohibition of smoking in France was expanded nationwide to include beaches, in parks and public gardens, at bus shelters, in sports venues and near schools. Violators are punishable to a €135 fine.
In 2012, smoking in Costa Rica became subject to some of the most restrictive regulations in the world, with the practice being banned from many outdoor recreational and educational areas as well as in public buildings and vehicles.