New bans come into effect. What will they change for smokers and e-cigarette sales?

As of July 5, it will be illegal to sell all e-cigarettes to minors, including those that do not contain nicotine. It will be illegal to smoke nicotine-free e-cigarettes in places where smoking is currently prohibited.

On July 5, an amendment to the so-called Tobacco Act, or the Act on the Protection of Health from the Consequences of Using Tobacco and Tobacco Products, will come into force. The current Tobacco Act prohibits making tobacco products, electronic cigarettes or spare containers available to persons under 18. The amendment clarifies that electronic cigarettes also include those that do not contain nicotine.

Dr. Wojciech Rożdżeński, assistant professor at the Faculty of Law and Administration of the University of Warsaw, specialist in medical and pharmaceutical law, told PAP that currently bans on smoking e-cigarettes without nicotine are introduced in the form of regulations. For example, they are introduced by local governments in regulations applicable in libraries or other public institutions.

He added that from July 5, electronic cigarettes with and without nicotine will be treated the same throughout the country. This means that their use will be prohibited in the same places.

Smoking e-cigarettes, like traditional tobacco, is prohibited at public transport stops, in restaurants, on school grounds, kindergartens, universities, playgrounds and other publicly accessible places intended for children.

Rożdżeński noted that the ban on sharing means a ban on selling and offering free samples. He emphasized that the regulations are aimed at sellers and manufacturers, but they also result in a ban on treating minors to these products.

The amendment added nicotine pouches to the list of products that cannot be made available to persons under the age of 18. Sellers will have six months to adapt to the change and place a clear notice: "Prohibition on the sale of tobacco products, nicotine pouches, electronic cigarettes or spare containers to persons under the age of 18".

Nicotine pouch packages will carry a warning that the product is harmful to health and addictive. The warning will be printed in bold black on a white background and will have to cover 30 percent of the surface of the package.

In addition, nicotine pouches will join the group of products that cannot be sold remotely, e.g. via the Internet. Currently, this ban covers tobacco products, electronic cigarettes, refill containers and their parts. Nicotine pouches will be sold in vending machines and in the self-service system only until January 5, 2026 (for six months from the entry into force of the act). Currently, such bans cover tobacco products, electronic cigarettes and refill containers. The amendment also introduces a ban on advertising and promoting nicotine pouches.

In addition, it was clarified that the nicotine content in nicotine pouches will not exceed 20 mg/g.

The Trade Inspection will be responsible for monitoring compliance with the regulations by entrepreneurs. (PAP)

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