The Polish Ministry of Health has announced the conclusion of a 30-day public consultation period regarding the draft amendment to the Act on Health Protection against the Consequences of Using Tobacco and Tobacco Products. The proposed legislation aims to ban the sale of flavored heated tobacco products in line with a recent EU directive.
Defining Heated Tobacco Products and Prohibiting Characteristic Flavors
The draft amendment, submitted for consultation on May 15, introduces a clear definition of "heated tobacco product" as an innovative tobacco product that, when heated, emits nicotine and other chemical substances that are subsequently inhaled by the user or users. Depending on its characteristics, a heated tobacco product may be classified as either a smokeless tobacco product or a smoking tobacco product.
The amendment extends the existing ban on "placing on the market tobacco products with a characteristic flavor" to include heated tobacco products. Flavored cigarettes and rolling tobacco are already prohibited under current regulations.
Increased Reporting Requirements for Manufacturers and Importers
Under the proposed legislation, manufacturers and importers of innovative tobacco products will be required to promptly provide the President of the Bureau for Chemical Substances with all new or updated information regarding analyses, studies, and other data related to these products. The President of the Bureau may also request additional information from these entities as needed.
The changes aim to implement the EU Directive of June 29, 2022, which seeks to harmonize regulations on flavored tobacco products across member states.
Prioritizing Public Health and Reducing Youth Smoking
The Ministry of Health emphasizes that heated tobacco products represent a new category of tobacco products that have not yet been studied to the same extent as traditional tobacco products, such as cigarettes. The additional research and information required by the amendment will enable the President of the Bureau for Chemical Substances to conduct a more comprehensive assessment of innovative tobacco products, ultimately benefiting consumers by enhancing public health protection through the acquisition of additional data by the public administration body.
The ministry stresses that tobacco products are not ordinary goods, and given the particularly harmful impact of tobacco on human health, priority should be given to health protection, especially in terms of reducing smoking among young people.
Potential Impact on Tobacco Consumption and State Budget
According to a report titled "Nicotine Consumption: Report on Quantitative Research for the Bureau for Chemical Substances, Edition IV," 1.5% of adult Poles currently use heated tobacco products. The Ministry of Health believes that the withdrawal of flavored products may contribute to a reduction in their consumption.
The ministry estimates that "innovative tobacco products with a characteristic flavor" account for approximately 80% of the entire innovative tobacco products market. However, they maintain that the proposed changes should not significantly impact the overall sales volume of tobacco products in Poland.
Despite the substantial increase in sales of heated tobacco products (2009% on an EU scale) in recent years, tobacco product consumption in Poland remains stable. Nonetheless, the ministry acknowledges the possibility of a decrease in state budget revenue, amounting to PLN 68.3 million (approximately USD 15.5 million) annually, assuming that in the year the legislation takes effect, the possibility of selling off manufactured products is ensured.
Opposition from Polish Tobacco Growers Association
The Polish Tobacco Growers Association has voiced its opposition to the amendment, arguing that the future of tobacco farmers in Europe, including Poland, is closely tied to the development of the heated tobacco products segment. As smoking traditional cigarettes declines in EU countries, heated tobacco inserts are increasingly taking their place.
Przemysław Noworyta, director of the association, expressed concern that Poland, by prematurely implementing the directive, which he claims is flawed and has been challenged before the Court of Justice of the European Union (CJEU), is attempting to dismantle the heated tobacco products sector. Noworyta urged the government to await the final verdict before proceeding with the implementation.
As the Ministry of Health analyzes the submitted comments and prepares a report on the public consultations and inter-ministerial arrangements, the future of flavored heated tobacco products in Poland remains uncertain. The government's commitment to prioritizing public health and reducing smoking among youth will likely guide the final shape of the legislation, while the concerns of the tobacco industry and the outcome of the CJEU case may also influence the implementation timeline.
