New Legislation Amendments for E-Cigarettes and Tobacco Products in Poland

According to Prawo.pl's report on December 14th, a new legislative amendment regarding the use of e-cigarettes and tobacco products is expected to be implemented in the second quarter of 2025. This delay is due to the European Commission's notification procedure and additional transitional provisions, significantly extending the period for the regulations to take effect. Despite the fact that the project should have been submitted for cabinet review months ago, it has yet to be realized. Additionally, the Ministry of Health unexpectedly proposed a new amendment to the project, adding several pages of new legislative provisions. This move has sparked controversy as it bypassed the public consultation process.

The amendment adjusts the nicotine pouch market. In October, the Health Department originally intended to ban the use of synthetic nicotine pouches through standalone legislation. Now, this provision has been incorporated into the e-cigarette legislative process as an amendment. The amendment argues that synthetic nicotine pouches currently on the market are not regulated by existing tobacco product regulations and therefore urgently need to be managed through legislation.

The amendment aims to establish a detailed definition for nicotine pouches, categorizing them as "relevant products," while also prohibiting their sale to individuals under the age of 18. In addition, the sale of these products will be prohibited in specific locations such as hospitals, schools, and sports facilities, and restrictions will be placed on online and vending machine sales. The Ministry of Health explains that these measures are intended to protect minors from the harmful effects of nicotine addiction.

Lawyer Marcin Bandurski pointed out that the widespread use of nicotine pouches has become a hidden concern for public health, especially among teenagers. Although the Ministry of Health had previously stated plans to completely ban nicotine pouches, the current amendment does not include a total ban. Countries like Belgium have already implemented a full ban on nicotine pouches, while Poland's amendment may actually lead to their legalization, contradicting the European "smoke-free" goal.

The Business Centre Club in Poland emphasizes the need for extensive public consultations during the legislative process, as well as a reasonable legal grace period to allow stakeholders to adapt to new regulations. Legal advisor Katarzyna Fortak-Karasińska stated that this amendment did not follow the normal legislative procedure and should undergo social consultations to ensure that its impact on the market is fully evaluated.