New Tobacco Regulation in Poland: International Sale of Nicotine Pouches Abandoned

As of 5 July 2025, amendments to Poland’s Tobacco Act (Journal of Laws 2025, item 799) introduced a statutory ban on cross-border distance sales of tobacco-free nicotine pouches from Poland to consumers located in other EU Member States.

This legislative change has immediate implications for fulfillment service providers, e-commerce platforms, and foreign sellers operating from or through Poland.

What’s Changing?

The amended Article 7f of the Tobacco Act explicitly prohibits the cross-border distance sale of nicotine pouches, which includes any form of remote B2C transaction initiated from Polish territory.

The legislative intent, consistent with the EU Tobacco Products Directive (2014/40/EU), is to strengthen public health protections, particularly for minors, and to curb the online availability of nicotine-related products.

Critically, the law defines “retail outlet” not only by the contractual seller’s location but also by any form of establishment, including warehouse operations, branch offices, or personnel presence in Poland. Thus, even technical infrastructure used in the fulfillment process may be sufficient to trigger the application of the Polish ban.

Who’s at Risk?

The statutory ban formally applies to sellers. However, third-party logistics providers (3PLs), warehouse operators, and fulfillment centers involved in storage, order picking, packaging, or dispatch of nicotine pouches may be exposed to indirect liability under Polish law.

Under Article 14 of the amended Tobacco Act, “organizing the placing on the market” is penalized – a term left undefined by statute, but broadly interpreted.

If authorities determine that a logistics provider materially contributes to unlawful distance sales, enforcement action may follow, including:

• financial penalties of up to PLN 200,000 (approx. EUR 45,000),
• forfeiture of goods stored in Poland, regardless of ownership,
• potential criminal liability for aiding or abetting (Art. 18 §3 Polish Criminal Code).

The risk is heightened if a Polish-based entity (e.g., a subsidiary or service partner) is involved in any aspect of the customer journey or holds an operational role in fulfillment.

Practical implications and next steps

Businesses involved in cross-border distribution of nicotine pouches via Poland – particularly e-commerce platforms, direct-to-consumer sellers, and logistics operators – should immediately:

• review fulfillment structures involving Polish territory,
• assess whether warehouse operations or personnel in Poland could be deemed a “retail outlet” under Polish law,
• consider relocating B2C activities to other EU jurisdictions,
• implement robust contractual and operational safeguards to ensure regulatory neutrality.

Where ambiguity remains, formal clarification should be sought from Polish public authorities, as enforcement trends remain in flux and statutory terms lack precise definitions.

For legal entities operating in high-risk sectors such as nicotine-related products, Poland’s new legal landscape demands heightened compliance vigilance and immediate strategic adjustments.

Do you need support with your fulfilment model under the amended Tobacco Act?

Contact our team to assess the regulatory impact on your operations and ensure compliance with the new restrictions on cross-border distance sales of nicotine pouches.