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Poland’s proposed law to restrict nicotine passes major hurdle

Poland’s draft Bill to heavily restrict the sale and contents of nicotine pouches has been unanimously approved by Parliament’s lower house. 

Members of the Sejm voted overwhelmingly in favour of the government’s proposal to introduce a tight regulatory framework for nicotine pouches.  

The legislation proposes banning the marketing and sale of pouches to anyone aged under 18, prohibiting all vending machines and remote sales (such as online), and regulating ingredients such as additives. 

Maximum strength proposed for pouches

If passed, it will also set a maximum nicotine strength of 20 mg/g nicotine limit and require that text health warnings take up 30 per cent of packaging. 

The Bill, which has already passed through the European Union notification process, will now be debated by both the Sejm and Senate in plenary (a full session).

A Health Committee statement said (translated from Polish): “The Health Committee unanimously supported the draft amendment to the act of 9 November 1995 on the protection of health against the effects of using tobacco and tobacco products (UD86). 

“The draft, updated after the comments of the European Commission, was forwarded for further legislative work in the Sejm.” 

Rules for nicotine-free vapes and refills

The new legislation will also place restrictions on nicotine-free vapes and refills such as banning their sale to under-18s and their sale through vending machines or remotely. 

The Polish government recently proposed separate legislation to ban disposable vapes, whether or not they contain nicotine, and flavoured nicotine pouches. This would also apply to other nicotine products such as gum. 

The government will address this legislation after presidential elections in the third quarter of 2025, Minister of Health Izabela Leszczyna said. 

The draft law also gives the director of the Chemical Management Bureau powers to order testing of e-liquid ingredients, and to list the names of laboratories responsible for carrying out such tests.

The latest statement said: “Another act, entered into the list of legislative works on 17 March this year, is intended to introduce a ban on the sale of all disposable e-cigarettes (with and without nicotine), introduce a ban on flavoured nicotine pouches, and a ban on the sale of other nicotine products, e.g. (gums, sprays and tablets with nicotine) – so that they are treated as medicines and can only be sold when they are approved by the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products (URPL).

“The project is currently in internal consultations, after their completion it will be submitted for public consultations.”

Ban on flavoured HTPs

In March, the Polish Senate Health Committee approved a Bill to outlaw Heated Tobacco Products with “characteristic flavours.” This includes all flavours other than tobacco such as fruit, candy, and menthol. The regulation will also introduce mandatory health warnings on all HTP packaging.

The new statement said: “In addition, on April 2nd, an act was published in the Official Journal of the Republic of Poland prohibiting heated tobacco products with characteristic aromas, such as menthol or fruit. 

“The act comes into force on April 17th, 2025. The industry has nine months to sell off its stocks. The new provisions align Polish regulations with European Union law.”

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