The Polish Senate has begun crucial work on amending the Act on Health Protection against the Consequences of Using Tobacco and Tobacco Products, signaling significant changes for the e-cigarette and alternative nicotine product market in Poland. The so-called "new tobacco law," with key provisions expected to take effect from July 1, 2025, aims to tighten existing regulations, primarily focusing on preventing underage access and use.
A cornerstone of the proposed amendments is a complete ban on the sale of all types of electronic cigarettes (e-cigarettes) and their refill containers to anyone under the age of 18. Critically, this prohibition will apply regardless of whether the product contains nicotine or is nicotine-free. This measure is a direct response to growing public health concerns about youth vaping.
Similarly, the sale of nicotine pouches to minors will also be forbidden. The draft legislation introduces far-reaching restrictions on distribution channels and promotional activities. The new rules include a ban on the distance selling (including online sales) of nicotine-free e-cigarettes and nicotine pouches. Furthermore, a total ban on advertising these specific products is planned, aiming to reduce their visibility and appeal, especially to young consumers.
The amendments also seek to expand the list of public places where the use of e-cigarettes will be prohibited. The ban on using e-cigarettes with nicotine-free liquid (those emitting vapor without nicotine) will be extended to all public areas where the use of nicotine-containing e-cigarettes is currently forbidden. This includes, but is not limited to:
- School and kindergarten premises
- Public transport stops
- Restaurants
- Children's playgrounds
Additionally, the sale of e-cigarettes and nicotine pouches will be prohibited within healthcare facilities, schools and educational institutions, sports and recreational facilities, as well as in vending machines and self-service systems.
These comprehensive changes are expected to have a significant impact on both businesses and consumers in Poland. The ban on sales to minors, particularly for nicotine-free e-cigarettes, and the prohibition of online sales for these products will necessitate a reorganization of business models for many retailers, likely leading to a greater focus on physical store sales and potentially market consolidation. Adult users will face limitations on where they can legally use even nicotine-free e-cigarettes and may find their purchasing options more restricted. The long-term effects will depend on the efficacy of enforcement and market adaptation to these stricter regulations.
