Laws
Law No. 165 of April 10, 1962, Prohibition of advertising campaign of tobacco products (as amended)
COMMENTS: Law No. 165 of April 10, 1962 (as amended through February 19, 2003) bans advertising of smoked tobacco products.
Law No. 584 of November 11, 1975, Ban on smoking in determined sites and on public means of transport (as amended)
COMMENTS: Law No. 584 of November 11, 1975 was the original piece of legislation regulating smoking in public places in Italy. This law was partially replaced by Law No. 3 of January 16, 2003. Articles 3, 5, 6, 8, 9, 10, and 11 remain in force to the extent that they are consistent with Law No. 3 of January 16, 2003.
Law No. 76 of July 3, 1985 on System of Taxation of Tobacco Products
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Ministry of the Post and Telecommunications Decree No. 425 of November 30, 1991, Regulation Concerning the Implementation of Articles 13, 15 and 16 of the European Communities Council Directive of October 3, 1989 (89/552/EEC)
COMMENTS: Ministerial Decree No. 425 of November 30, 1991 implements Law No. 165 of April 10, 1962 and specifically bans televised tobacco advertising, including “the use of names, trademarks, emblems or other distinctive features of tobacco products or companies.”
Legislative Decree No. 331 of August 30, 1993 on Harmonization of Rules on Excise and Value-Added Taxes
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Ministry of the Post and Telecommunications Decree No. 581 of December 9, 1993, Regulations relating to sponsorships of radio programs and offers to the public
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Law No. 448 of December 28, 2001, Provisions for the Annual and Multi-Year State Budget (Financial Law 2002)
COMMENTS: Law No. 448 of December 28, 2001 amends the fines for smokers and business owners who violate of smoke free provisions. Please note that the English language translation includes relevant excerpts only.
Legislative Decree No. 184 of June 24, 2003, Implementation of Directive 2001/37/EC regarding the processing, presentation and sale of tobacco products
COMMENTS: Legislative Decree No. 184 of June 24, 2003 was replaced by Legislative Decree No. 6 of January 12, 2016, which implements EU Directive 2014/40/EU.
Prime Ministerial Decree of December 23, 2003, Implementation of Article 51(2) of Law No. 3 of January 6, 2003 as amended by Article 7 of Law No. 306 of October 21, 2003 on "Protecting health of non-smokers"
COMMENTS: Prime Ministerial Decree of December 23, 2003, Implementation of Article 51(2) of Law No. 3 of January 16, 2003 sets out the requirements for designated smoking rooms.
Circular No. 2003/25137 of May 26, 2003 on Vending Machines for Cigarettes
COMMENTS: Circular No. 2003/25137 of 5/26/2003, together with Circular No. 2003/56933 of 12/24/2003, regulates the use of vending machines to sell tobacco products.
Circular No. 2003/56933 of December 24, 2003 on Additions to the Rules on Vending Machines for Cigarettes
COMMENTS: Circular No. 2003/56933 of 12/24/2003, together with Circular No. 2003/25137 of 5/26/2003, regulates the use of vending machines to sell tobacco products.
Legislative Decree No. 24 of January 30, 2004 on Excise Duties on Tobacco Products
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Ministry of Economy and Finance Decree on Variation of the Basic Rate of Taxation of Cigarettes
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Law No. 311 of December 30, 2004, Provisions for the formation of the annual and multi-year State (Finance Act 2005) (excerpt)
COMMENTS: Article 1.189 of Law No. 311 of December 30, 2004 increases the penalties set out in Law No. 448 of December 28, 2001 (Article 50.20) by 10%. Please note that the uploaded files contain only the relevant excerpts from the full law.
Legislative Decree No. 300 of December 16, 2004, Implementation of Directive 2003/33/EC in respect to the advertising and sponsorship of tobacco products
COMMENTS: Legislative Decree No. 300 of December 16, 2004 implements EU Directive 2003/33/CE. It specifically prohibits tobacco advertising in print media, radio and Internet, prohibits sponsorship of radio programs, and regulates sponsorship of events.
Law No. 3 of January 16, 2003
COMMENTS: Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places except for designated smoking rooms and requires ventilation of designated smoking rooms. The Law also retains in force certain provisions of Law No. 584 of November 11, 1975.
Ministry of Economy and Finance Directive of July 25, 2005, Provisions for fixing the minimum price of retail cigarettes
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Legislative Decree No. 177 of July 31, 2005, Consolidated Text on Audiovisual and Broadcasting Services
COMMENTS: Legislative Decree No. 177 of July 31, 2005 was repealed by Legislative Decree No. 208 of November 8, 2021.
Ministry of Economy and Finance Directive of December 22, 2005, Breakdown of Retail Prices of Cigarettes from January 1, 2006
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Law No. 266 of December 23, 2005 on Provisions for the formulation of annual budget and multi-state
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Decree No. 10 of February 15, 2007, Provisions to implement Community and international obligations
COMMENTS: Decree No. 10 of February 15, 2007 implements EU Directives 2002/19/CE, 2002/20/CE, 2002/21/CE, 2002/22/CE regarding audiovisual and broadcasting services. Among other things, the decree prohibits tobacco advertising in audiovisual media, prohibits tobacco sponsorship of audiovisual media services or programming, and prohibits product placement in audiovisual media. Please note that the English language translation includes relevant excerpts only.
Decree of June 18, 2010 on Excise Duties and Public Revenue
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Decree of October 25, 2012, Implementation of Directive 2012/9/EU of the Commission regarding the new health warnings on tobacco products
COMMENTS: Decree of October 25, 2012 on the Implementation of Directive 2012/9/EU of the Commission regarding the new health warnings on tobacco products replaces the eight secondary health warnings set out in Legislative Decree No. 184 of June 24, 2003 with 14 new secondary health warnings.
Ministry of Health Ordinance of April 2, 2013 on Prohibition of Sale to Persons Under Eighteen Years of Electronic Cigarettes with the Presence of Nicotine
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Law No. 128 of November 8, 2013, Converting to Law, with Amendments, Law No. 104 of September 12, 2013, on Urgent Measures in Education, Universities, and Research
COMMENTS: Law No. 128 of November 8, 2013, amends Art. 51 of Law No. 3 of January 16, 2003 to ban smoking on the outdoor premises of educational institutions. It also contains provisions regulating advertising of electronic cigarettes. Please note that the English language translation includes relevant excerpts only.
Legislative Decree No. 181 of December 15, 2014
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Legislative Decree No. 6 of January 12, 2016, Implementation of Directive 2014/40/EU
COMMENTS: Legislative Decree No. 6 of January 12, 2016 repeals and replaces Legislative Decree No. 184 of June 24, 2003 and implements EU Directive 2014/40/EU. The legislative decree regulates the packaging and labeling of tobacco products and provides, among other things, the content and format for tobacco product health warnings and messages.
Decree of March 28, 2017 on Implementation of the Commission Implementing Decision (EU) 2016/586 on Technical Standards for the Refill Mechanism of Electronic Cigarettes
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Decree of March 28, 2017 on Implementation of the Commission Implementing Decision (EU) 2015/2183 Establishing a Common Format for the Notification of Electronic Cigarettes and Refill Containers
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
Legislative Decree No. 208 of November 8, 2021 on Implementation of Directive (EU) 2018/1808
COMMENTS: Legislative Decree No. 208 of November 8, 2021 implements Directive (EU) 2018/1808, which amends the Audiovisual Media Services Directive (Directive 2010/13/EU). Relevant to tobacco products, Legislative Decree No. 208 prohibits advertising of tobacco and nicotine product advertising in audiovisual commercial communications, sponsorship of audiovisual media services, and paid placement.
Directorial Decree of March 14, 2024
Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.
