Biznes Fakty
Sale ban. Warnings in stores
Beginning Saturday, July 5, a prohibition has been enacted on the sale of all e-cigarettes to individuals under the legal age, including those that are nicotine-free. Additionally, the use of nicotine-free e-cigarettes will be banned in areas where smoking is already prohibited.
On July 5, an amendment to the so-called Tobacco Act, officially known as the Act on the Protection of Health against the Consequences of Using Tobacco and Tobacco Products, became effective.
Ban on sales to minors
The existing Tobacco Act forbids the sale of tobacco products, electronic cigarettes, or refill containers to individuals under the age of 18. The amendment specifies that electronic cigarettes also encompass those that are nicotine-free.
Dr. Wojciech Rożdżeński, an assistant professor at the Faculty of Law and Administration at the University of Warsaw, with expertise in medical and pharmaceutical law, informed PAP that the current restrictions on the use of nicotine-free e-cigarettes are being implemented through regulations. For instance, local authorities have instituted these regulations in libraries and other public venues. He noted that as of July 5, e-cigarettes, regardless of nicotine content, are uniformly regulated across the nation. This means their use will be prohibited in identical locations.
Using e-cigarettes, similar to traditional tobacco, is banned at public transport stops, restaurants, school grounds, kindergartens, universities, playgrounds, and other publicly accessible areas intended for children. Rożdżeński remarked that the prohibition on sharing implies a ban on both selling and providing free samples. He highlighted that the regulations target sellers and manufacturers but also lead to a prohibition on providing these products to minors.
Ban on nicotine pouches
The amendment has included nicotine pouches in the list of products that cannot be sold to individuals under 18 years of age. A health warning will be displayed on nicotine pouch packaging indicating that this product is harmful to health and may lead to addiction. This warning will be printed in bold black font on a white background and must cover 30 percent of the package’s surface area. Furthermore, nicotine pouches will join the category of products that cannot be sold online, including via the Internet. Currently, this restriction applies to tobacco products, e-cigarettes, spare containers, and their components. Nicotine pouches will only be permitted for sale in vending machines and through self-service systems until January 5, 2026 (a six-month period following the enactment of the law). Presently, such restrictions apply to tobacco products, e-cigarettes, and spare containers. The amendment also enforces a ban on advertising and promoting nicotine pouches. Additionally, it clarifies that the nicotine concentration in nicotine pouches must not exceed 20 mg/g.
Store warnings
The Trade Inspection will oversee compliance with these regulations by businesses.
In establishments where these products are sold, the following notice will be displayed: „It is prohibited to sell tobacco products, nicotine pouches, electronic cigarettes, or refill containers to persons under 18 years of age.”
