Wherever you are in the world, you will find there are strict rules that govern where people can smoke, what they can smoke and where they can buy and sell tobacco products.
Here's a rundown of everything you need to know about smoking in Germany, including statistics, information on the buying and selling of tobacco products, and a comprehensive rundown of the laws and regulations that govern smoking in the German federal states.
Germany has a reputation for being a country that takes a relatively lax approach to smoking, but how true is that?
Since the 1980s, the number of people who smoke in Germany has been on a constant decline - although a slow one. In particular, the number of younger smokers, aged between 12 and 17, and between 18 and 25, has declined significantly over the past 20 years.
However, despite this, around 28 percent of the German population still smoke cigarettes or vape. And it's not just that a high proportion of the population are smokers - they also smoke a lot! Germany is the 32nd smokiest country in the world, according to a survey by the Tobacco Atlas. The ranking estimates that the average smoker in Germany consumers around 1.599,5 cigarettes every year.
According to a 2017 microcensus by the Federal Health Monitoring information system (Gesundheitsberichterstattung des Bundes), 30,7 percent of people aged between 30 and 35 are smokers, the highest proportion of any age group. People aged 75 and older smoke the least, with only 5,4 percent of people in this age group smoking either occasionally, regularly or heavily.
Men smoke more than women in Germany, with it estimated that around 27 percent of men smoke, compared to only 20,8 percent of women. Studies have found that the average age people begin smoking is around 15. However, fewer people start smoking as they get older.
Smoking is the main cause of lung cancer in Germany, with four out of five lung cancer deaths attributed to smoking. Overall, around 127.000 people die every year in Germany as a result of tobacco consumption. This amounts to around 15 percent of all deaths every year.
Cigarettes and rolling tobacco can be found pretty easily around Germany, and you can buy them at most supermarkets, gas stations and tobacco shops (Tabakladen), as well as at cigarette vending machines. Tobacco shops usually stock a variety of tobacco products, including cigars, hookahs and rolling equipment.
The sale of tobacco products is strictly prohibited to anyone under the age of 18. Any establishment selling cigarettes must clearly display the regulations and restrictions regarding the sale of cigarettes at all times and employees involved in the sale of tobacco products are legally required to check the age of customers if they are in doubt.
Similarly, cigarette vending machines require an ID (such as a German ID card, not a driving licence) before they can be used. It is also against the law to sell any product containing less than 19 cigarettes or 30 grams of loose tobacco and as such, the tax strip on the packaging must be kept intact.
E-cigarettes and vaping equipment are also widely available across Germany. They can be found in most places that sell tobacco products, as well as in specialist vape shops. The sale of e-cigarettes and vaping equipment is also restricted to those aged 18 and above.
The average box of 20 cigarettes costs between 5 and 8 euros in Germany, with prices varying depending on the brand and the type of product. The price of tobacco products has risen steeply over the last two decades due to an increase in tobacco duties and taxation.
As of March 2019, the excise duty on a packet of 20 cigarettes was 3,19 euros, and with VAT added the total tax was 4,09 euros. Accordingly, the average packet of cigarettes cost 5,64 euros, 72,5 percent of which was made of up tax. A pack of 20 cigarettes in Germany therefore costs slightly more than the EU average of 4,89 euros.
There are strict rules in place regarding the packaging and labelling of tobacco products in Germany, to warn people of the health risks associated with smoking and discourage first-time smokers.
Tobacco products must have two text warnings, one on the front and one on the back. The text on the front must be one of two warnings and must cover 30 percent of the packaging, whilst the one on the back will display one of 14 warnings and cover 40 percent of the packaging. Tobacco products also often feature pictures designed to deter people from smoking.
It is prohibited for packaging to bear misleading labels or advertisements such as “low-tar” or “light,” so as not to give the impression that the product is healthier or beneficial. The packaging must also provide information regarding tar and nicotine content.
Germany has some strict rules when it comes to smoking. This is to protect both smokers and non-smokers and to make people aware of the risks associated with smoking. So, should you find yourself planning on visiting or moving to the federal republic, you should familiarise yourself with the country’s smoking laws.
Although there are some exceptions in some federal states, several smoking laws apply nationwide in Germany:
The Protection of Young Persons Act (Jugendschutzgesetz) is a 2007 federal law aimed at protecting children. The law sets out regulations regarding how long minors can stay at bars, restaurants, clubs and other public spaces, as well as age restrictions on alcohol, tobacco, e-cigarettes, games and other potentially harmful media.
The Protection of Young Persons Act has been amended multiple times, leading to adjustments in certain regulations (such as increasing the legal age for buying and consuming tobacco and vaping products). It also governs where cigarette vending machines can be located and whether they need an identification system.
When the Non-Smokers Protection Act came into force, the minimum age at which someone could buy tobacco products was raised from 16 to 18. Anyone below the age of 18 is not legally allowed to purchase tobacco or vaping products; neither are they allowed to smoke cigarettes in public, even if accompanied by a parent.
When the Federal Non-Smokers Protection Act was implemented, smoking in federal institutions and government buildings was strictly prohibited, as well as on public transport, including taxis and aeroplanes, and at public transport stations (except in designated smoking rooms).
Smoking inside private offices and public areas, buildings and institutions (such as schools, hospitals and airports) is generally prohibited, although there are exceptions, with rules varying from state to state. The Ordinance on Workplaces, which was passed in 2004, set minimum health and safety requirements for workplaces in Germany, which included regulations regarding smoking inside the workplace.
Smoking-related fines can range from 5 to 1.500 euros.
While Germany’s 16 federal states must comply with the Federal Non-Smokers Protection Act and the Ordinance on Workplaces, they are allowed to govern their own regulations regarding smoking to a certain extent. Consequentially, there are several exceptions where smoking is permitted in certain public areas, under certain conditions, in certain states.
As of 2017, only three states in Germany had implemented complete smoking bans in restaurants and bars: North Rhine-Westphalia, Bavaria and Saarland. North Rhine-Westphalia and Bavaria, in particular, are known for their stringent smoking laws.
In all 16 states, smoking is absolutely prohibited on public transportation, in accordance with the Federal Non-Smokers Protection Act. Smoking is also completely prohibited at childcare centres in all 16 states, apart from Rhineland-Palatinate, where exceptions can be made for individual cases.
These exceptions to the smoking laws apply in Baden-Württemberg:
In Bavaria, smoking may be permitted in police departments, or anywhere interrogations (such as a public prosecutor’s office) take place, as long as permission has been granted by the head of the police station or institution.
These exceptions apply in Berlin:
In Brandenburg, the following exceptions are made:
These smoking laws apply in Bremen:
Hamburg makes these exceptions:
Hesse makes a few exceptions to the smoking laws:
Here's how the smoking laws stand in Lower Saxony:
Smoking in Mecklenburg-Vorpommern is completely prohibited in public places, with the following exceptions:
In North Rhine-Westphalia, smoking is strictly forbidden in most public places. The only exceptions are for those in medical facilities:
Rhineland-Palatinate is the only state which allows exceptions to the smoking ban in childcare centres and other public youth services. Other exceptions include:
Smoking in Saarland is completely prohibited in public spaces, except in the following circumstances:
In Saxony, the following exceptions are made to the smoking ban:
Saxony-Anhalt makes the following exceptions:
In Schleswig-Holstein, smoking is completely prohibited in public spaces, except in the following situations:
Finally, in Thuringia, smoking is only permitted in the following circumstances:
In Germany, tobacco advertisements are banned on TV, radio and in most print publications, such as newspapers and magazines. However, advertising on other types of print media, such as through flyers, posters and billboards are still allowed. Exceptions are also made for tobacco trade publications. Tobacco companies are prohibited from paying for tobacco products to be displayed on TV, film and other media.
Other forms of advertising, such as conventional mail, point of sale advertising and product display are, on the other hand, allowed. Tobacco promotion through discounts, brand stretching, incentive schemes and prizes are not included in German law and are therefore legal.
In the summer of 2020, it was decided that advertising for tobacco and smoking products would be completely phased out in Germany. Tobacco companies will no longer be able to advertise their products in public and advertising around younger people will be restricted. The new law will make it so tobacco advertising can only be displayed, almost exclusively, in tobacco shops.