Smoking in Germany

Current cigarette smoking among adults

According to the microcensus 2009 one in four (25.7%) of total population aged 15 and over is a smoker. The rate of ex-smokers is 19.7%. 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)

Cigarettes annual consumption per capita

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

Cigarette consumption per day

Amount of smoked cigarettes per day.

Tobacco consumption from 1991 until 2013

Average amount of cigarettes smoked daily, by year.

Misleading labels

Since 2003 it is illegal to label a tobacco product as "light", "mild", "low-tar” or any other misleading form of advertisement which could cause the impression that the product causes less damage than other tobacco products.

Advertisement

All radio and television advertisement was banned in 1975. This regulation was extended by the "Rundfunkstaatsvertrag" on August 1, 1999, banning any kind of sponsoring of television and radio shows. In 2002 the "Protection of Young Persons Act" banned the advertising of tobacco products in cinemas before 6 p.m. On January 1, 2007, the European Tobacco advertisement directive came into effect, banning the advertising of tobacco products on the internet, in newspapers and magazines. The regulation also banned sponsorship of any event which is broadcast internationally. Germany is the only EU member state to still allow billboard and cinema advertisements for tobacco products.

Warning labels

Since October 1, 2003 all member states of the European Union and Switzerland have had to require cigarette and tobacco manufacturers to print a clearly legible warning notice on the front of every packet. In Germany the European standard was introduced by the "Tobacco Product Regulation" which became effective as of November 20, 2002. The "general warning labels" have to cover at least 30% of the entire packet whilst supplementary information have to cover at least 40%.

Tobacco taxation

In Germany the amount of tobacco as well as the value of the product is used to calculate the tax (§ 3 TabakStG). In order to calculate the tobacco tax for each package in addition to the quantity of item(s) (in cigarettes, cigars and cigarillos) or in grams (smoking tobacco) the retail selling price is required. The information is printed on the "Steuerbanderole" (tax strip) of each tobacco package in full Euro and cent values.

The tobacco tax rate is as of 2015 for each cigarette 9.82 cents and 21.69 percent of the retail price, which makes a minimum sum of 19.636 cents per cigarette minus the sales tax of the retail selling price.

After tobacco tax was increased in 2002 and 2003 to finance anti-terrorist measures three raises followed in 2004 and 2005 to provide financial support for the health insurance and finally in 2010 another five tobacco tax increases were decided:

Minors

Under Germany's "Protection of Young Persons Act" it is unlawful to sell or supply any tobacco product to anyone who is under eighteen years of age. It is also illegal to permit minors to smoke in any public place. Although it is not a crime for minors to purchase, attempt to purchase or consume tobacco products it is unlawful for any retailer or other responsible person to sell, supply or tolerate the consumption of tobacco by a person underage. If a minor is found smoking in public, the police have a duty to seize the tobacco products.

Protection of Young Persons Act - Section 10 Smoking in public, tobacco products
(1) Tobacco products may not be sold to children or adolescents nor may the latter be permitted/allowed to smoke in restaurants, shops or other public places.
(2) Tobacco products may not be made available from vending machines unless the following conditions are satisfied:

1. The vending machine is installed at a location where it is not accessible to children or adolescents.
2. The vending machine is fitted with mechanical means of ensuring or is permanently guarded to ensure that children and adolescents cannot buy tobacco products from them.

Prior to September 1, 2007 the minimum age for purchasing and smoking tobacco products had been 16 years of age. Until January 1, 2009 all tobacco vending machines had to be removed or refitted to ensure that minors can not purchase tobacco products from those machines. Today, all vending machines require some form of identification before dispensing tobacco, usually an Electronic cash bank card, German identity card or European driving licence, to verify that the buyer is at least 18 years of age.

Sale of loose cigarettes

It is unlawful to sell any tobacco product in a package containing less than 19 cigarettes or 30 grams of loose fine-cut tobacco. To ensure this is the case, retailers may not destroy a tax strip on tobacco packaging. The law provides an exception for cigarillos and cigars under certain conditions.

Retail price maintenance

Selling tobacco products for more or less than the retail sale price set by the manufacturer and printed on the tax strip is unlawful. The only exception is when providing free samples to a customer for advertising purpose.

Gaming and gambling

Tobacco products may not be used as a prize in any form of commercial gaming or gambling.

Tie-on sales

Adding or supplying anything else than the tobacco product to a package of cigarettes, cigars or cigarillos except for change is unlawful.

Federal smoking ban

The "Federal non-smoking act" has introduced a smoking ban for the following public places and facilities:

1. in federal institutions and the constitutional bodies of the federal government,
2. in public transportation,
3. in passenger stations of public railways.

The law does not apply to any residential or accommodation facility given to residents for personal use. And for separated smoking facilities if the conditions apply which are set by the federal government.

Exceptions and notes for Baden-Württemberg:

Exceptions and notes for Bavaria:

Exceptions and notes for Berlin:

Exceptions and notes for Brandenburg:

Exceptions and notes for Bremen:

Exceptions and notes for Hamburg:

Exceptions and notes for Hesse:

Exceptions and notes for Lower Saxony:

Exceptions and notes for Mecklenburg-Vorpommern:

Exceptions and notes for North Rhine-Westphalia:

Exceptions and notes for Rhineland-Palatinate:

Exceptions and notes for Saarland:

Exceptions and notes for Saxony:

Exceptions and notes for Saxony-Anhalt:

Exceptions and notes for Schleswig-Holstein:

Exceptions and notes for Thuringia: