Revised Polish Tobacco and Related Products Health Protection Law (including new regulations for electronic cigarettes and nicotine bags)

legal background

On May 21, 2025, the Polish Senate passed the amendment to the Tobacco and Tobacco Products Health Protection Law, which was signed into effect by the President on June 17, 2025. This revision will include nicotine free electronic cigarettes and nicotine bags under comprehensive supervision and unified restrictions on sales, use, packaging, and advertising display, in order to strengthen the protection of minors and public health policies.

1. Regulatory changes in electronic cigarettes

1) Product Definition Update

Electronic cigarettes: expanding to nicotine free products

• Supplementary container: extended to nicotine free e-liquid bottles

2) Capacity limit regulations

The capacity of the nicotine free e-liquid refill container (e-liquid bottle) shall not exceed 10 milliliters

The capacity of disposable electronic cigarettes/cartridges without nicotine should not exceed 2 milliliters

3) Health Warning Requirements

Nicotine containing products: "Wyr ó b zawiera nikotyn ę, kt ó ra powoduje szybkie uzale ż nienie." (This product contains nicotine, which can easily lead to rapid addiction)

Nicotine free products must be labeled as "Wyr ó b szkodliwy dla zdrowia." (This product is harmful to health)

4) Registration requirements

Nicotine free products also need to go through the electronic cigarette registration process

5) Regulatory requirements for nicotine bags

1) Product definition: A product intended for oral use, which does not contain tobacco but contains nicotine (mixed with other ingredients or present alone), and is packaged in small bags.

2) Nicotine content limit: The content should not exceed 20 milligrams per gram.

3) Prohibited additives

• Ingredients that imply health benefits

• Energy enhancing substances

• Colorants

Additives with CMR characteristics

• Ingredients that enhance nicotine addiction

4) Packaging labeling requirements

• Health warning label on retail and wholesale packaging: "Ten wyr ó b szkodzi Twojemu zdrowiu i powoduje uzale ż nienie." (This product is harmful to health and can lead to addiction)

• Use black bold Helvetica font on a white background

• Displayed on the maximum two sides of the packaging

30% of the packaging area

2. Sales restrictions

• Prohibit sales to minors under the age of 18

Prohibit remote sales (including cross-border online sales)

• Prohibited places: medical institutions, educational institutions, sports venues, vending machines, and self-service sales (excluding duty-free shops)

3. Comprehensive ban on advertising and promotions

Prohibit any form of advertising (including brand logos, social media communication)

Prohibit promotional activities (free samples, discounts, competition activities)

Prohibit sponsoring activities under the name of tobacco related brands

Prohibit retail outlets from displaying samples of counterfeit tobacco product packaging

• Prohibit packaging that implies health benefits or price advantages

4. Annual regulatory fees

Manufacturers and importers are required to pay annual regulatory fees.

5. Transitional period arrangement (6 months)

Effective from June 17, 2025, the market has a six-month transition period (until December 17, 2025):

Transition arrangement of product types

Nicotine free electronic cigarettes that do not meet the requirements can continue to circulate for 6 months

Complete registration notification for nicotine free electronic cigarettes that meet the requirements within 6 months

Nicotine bags that meet the requirements will be registered and notified within 6 months

Nicotine bags that do not meet the requirements will be delisted within 6 months

If you have any questions, please contact us. Element detection will provide you with the latest regulatory information.