In Germany, smoking is widespread and is subject to very few and lax regulations compared to other European countries. Tobacco taxes in Germany are among the lowest in Europe. Germany ranks last on the Tobacco Control Scale and has sometimes been referred to as the "smoker's paradise" of Europe. According to German addiction researcher , Germany has "[...] more cigarette vending machines than any other country in the world."
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, 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 .
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). Among the 18–25 age group, 35.2% are smokers.
Upon the legalization of Cannabis in Germany, the federal smoking ban was amended to incorporate cannabis products; the Cannabis Act prohibits consumption of cannabis in the presence of minors. Proprietors of spaces where the law permits both tobacco and cannabis consumption may establish their own house rules. The Deutsche Bahn prohibits cannabis consumption in all train stations in Germany, including in its designated smoking areas.
Prevalence 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. According to a 2010 study by Bielefeld University, 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.
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%.
Germany had one of the largest numbers of cigarette vending machines per capita in the world.
Cigarette smoking among adults, 2013
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).
+ Percentage of smokers by age and gender Age (y) Male Female15–20 19.9% 15.0%20–25 39.9% 32.8%25–30 44.3% 32.2%30–35 42.5% 28.3%35–40 39.0% 27.9%40–45 38.3% 30.3%45–50 38.9% 31.1%50–55 36.7% 28.3%55–60 30.7% 22.2%60–65 24.9% 16.8%65–70 17.0% 11.0%70–75 12.5% 6.7% 8.0% 3.6%
Annual cigarette consumption per capita
In 2010, an average of 229 million cigarettes were smoked every day, corresponding to 1,021 cigarettes per capita.
+ Smoking behaviour by age and gender – as of 2006 Smoking behaviour Women, 18 to 29 Women, 30 to 44 Women, 45 to 64 Women, 65 and older Women, total Men, 18 to 29 Men, 30 to 44 Men, 45 to 64 Men, 65 and older Men, total Daily smokers 33.6% 29.3% 22.0% 5.1% 21.9% 39.3% 36.0% 26.1% 11.8% 29.2% Occasional smokers 11.0% 7.4% 5.3% 2.4% 6.1% 14.4% 8.3% 6.9% 3.8% 8.1% Ex-smokers 14.6% 24.1% 25.5% 21.2% 22.3% 14.7% 23.9% 38.2% 52.1% 31.8% Never smoked 40.8% 39.2% 47.2% 71.3% 49.7% 31.5% 31.8% 28.8% 32.4% 30.9%
Cigarette consumption per day Amount of smoked cigarettes per day, per Sozio-oekonomisches Panel (SOEP). + Source: Sozio-oekonomische Panel (SOEP) Cigarettes Percentage, 2006 Percentage, 20120–4 7% 14.7%5–9 14% 26.5%10–14 22% 19.8%15–19 18% 26.5%20–24 24% 5.6%25–29 5% 4.4%30–34 5% 2.6%35–39 1% —40 and more 4% —
Tobacco consumption from 1991 until 2013
Average amount of cigarettes smoked daily, by year.
+ Source: Federal Statistical Office of Germany Year Cigarettes(in millions)1991 4011992 3591993 3511994 3671995 3701996 3731997 3771998 3791999 3982000 3822001 3902002 3982003 3632004 3062005 2622006 2562007 2512008 2412009 2372010 2292011 2402012 2252013 220
Political measures against smoking
Misleading labels 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.
Advertising
Radio and television advertising for tobacco products was banned in 1975. 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. 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.
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). Cinema advertising for tobacco was banned in 2021.
Warning labels
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.
Tobacco taxation
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).
Example calculation for a pack of 19 cigarettes at €5.0019 × €0.0982 + €5.00 × 21.69% = €1.87 + €1.08 = €2.95
Sale restrictions 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. 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. Retail price maintenance: Tobacco must be sold at the retail price printed on the tax strip. The only exception is free samples for advertising. 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.
Federal smoking ban 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.
Smoking ban by state
In Germany, the 16 federal states regulate smoking differently. The first smoking bans were introduced in 2007.
Baden-Württemberg 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 and 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. In discothèques, the separate smoking room may not have a dance floor. Government institutions and 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. Hospitals and nursing homes: Ban with exceptions. Exceptions apply for patients in palliative care, certain psychiatric treatments, or in court-ordered placements. Schools: Ban with exceptions. Exceptions can be made for adult students (from class 11) and teachers in designated outdoor areas, subject to committee approvals. Day care and public transport: Complete ban.
Bavaria
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. Exceptions: Hospitals and prisons: Limited exceptions for patients in palliative care or psychiatric side rooms. The director of a correctional facility may permit smoking in common areas. Cultural institutions: Smoking may be permitted if it is part of an artistic performance. Police and prosecution offices: May be permitted in designated areas during interrogations if the person being interrogated is a smoker and has approval.
Berlin
Restaurants, bars and 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. Government institutions and prisons: Ban with exceptions. Exceptions apply in designated rooms in correctional facilities, police stations (interrogation rooms), and court buildings (waiting areas). Hospitals and nursing homes: Ban with exceptions. Exceptions for designated rooms in psychiatric or rehabilitation centers, and for therapeutic reasons in palliative care. Cultural institutions: Ban, but an exception is made for smoking as part of an artistic performance. Day care, schools, gyms and public transport: Complete ban.
Brandenburg Restaurants, bars and 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. Prisons: Ban with exceptions. Permitted in prison cells with the permission of the administration. Hospitals and 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.