The Polish Ministry of Health has published a draft amendment to the Act on Health Protection against the Consequences of Using Tobacco and Tobacco Products, which includes a new provision banning the sale of flavored heated tobacco products. The document, prepared by the health ministry, has been submitted for a 30-day public consultation period.
Comprehensive Definition and Restrictions on Heated Tobacco Products
The draft, published on the Government Legislation Center website, proposes an additional point to the Act, which defines a "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, and which, depending on its characteristics, is either a smokeless tobacco product or a smoking tobacco product.
The amendment includes a ban on "placing on the market tobacco products with a characteristic flavor," also in reference to heated tobacco products (flavored cigarettes and rolling tobacco are already prohibited).
Additional Reporting Requirements for Manufacturers and Importers
Under the new legislation, manufacturers and importers of innovative tobacco products will be obliged to "immediately provide the President of the Bureau for Chemical Substances with all new or updated information regarding analyses, studies, and other information" related to these products. The President of the Bureau may also request additional information from these entities.
The changes aim to implement the EU Directive of June 29, 2022.
Prioritizing Public Health and Reducing Youth Smoking
The justification for the amendment states that "these products constitute a new type of tobacco product that has not yet been researched to an extent comparable to traditional tobacco products (e.g., cigarettes)." According to the Ministry of Health, additional research and information will enable the President of the Bureau for Chemical Substances to conduct a more comprehensive assessment of innovative tobacco products, benefiting consumers by "increasing the level of public health protection through the acquisition of additional information by the public administration body."
The document emphasizes 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, particularly to reducing smoking among young people."
Potential Impact on Tobacco Consumption and State Budget
The regulatory impact assessment cites a report titled "Nicotine Consumption. Report on Quantitative Research for the Bureau for Chemical Substances, Edition IV," which indicates that currently, 1.5% of adult Poles use heated tobacco products. The withdrawal of flavored products may contribute to a reduction in their consumption.
After the ban on the sale of flavored cigarettes came into effect, one in ten smokers (11.6%) decided to quit smoking. However, 8.8% of people smoking these products switched to heated tobacco products or electronic cigarettes (6.1% of men and 11.2% of women, respectively). Moreover, these were most often young people (23.7% in the 18-24 age group and 13.9% in the 25-34 age group).
The Ministry of Health estimates that "innovative tobacco products with a characteristic flavor" account for approximately 80% of the entire innovative tobacco products market. However, they believe that "the changes in question should not have a significant impact on the volume of tobacco product sales in the Republic of Poland."
Despite the significant increase in sales of heated tobacco products (2009% on an EU scale) in recent years, tobacco product consumption in Poland remains at a stable level.
Nonetheless, the assessment allows for a potential decrease in state budget revenue, amounting to PLN 68.3 million (approximately USD 15.5 million) annually, assuming that in the year the legislation enters into force, the possibility of selling off manufactured products is ensured.
The draft has been submitted for a 30-day public consultation period.
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