Poland Introduces Ban on Disposable E-Cigarettes!

The Polish government has taken another step toward tightening regulation of nicotine products. A recently adopted draft amendment to the Act on the Protection of Health against the Consequences of Using Tobacco and Tobacco Products introduces a comprehensive ban on the sale of disposable e-cigarettes and new restrictions on other nicotine products. The proposal is part of broader efforts aimed at reducing nicotine addiction and limiting access to such products among young people.

What exactly will change under the new regulations?

According to the draft adopted by the Council of Ministers, disposable electronic cigarettes will no longer be allowed on the Polish market. The prohibition will apply regardless of whether the device contains nicotine or a nicotine-free liquid.

In practice, this means that introducing such products into circulation – including offering them in stationary stores or through online sales – will be prohibited once the new rules enter into force. The government’s position is that even nicotine-free versions may contribute to later use of nicotine products and reinforce addictive behaviours.

The proposal also introduces a legal definition of a disposable e-cigarette. It will cover devices that cannot be refilled with liquid and cannot be used with replaceable cartridges.

Why is Poland moving toward a ban?

The legislative initiative is primarily justified by public health concerns, particularly the growing popularity of disposable e-cigarettes among young consumers.

Recent years have seen a rapid increase in the number of electronic cigarettes and related liquids registered in the European product notification system. Disposable devices, often marketed with attractive flavours and packaging, are widely accessible and particularly appealing to younger users.

Public authorities argue that such products may encourage people who have never used nicotine products before to experiment with them, which in turn increases the risk of long-term addiction.

Restrictions also for nicotine pouches and new nicotine products

The draft amendment does not focus solely on e-cigarettes. It also introduces additional limitations on nicotine pouches.

Under the proposed rules, these products will be allowed to contain only ingredients giving a tobacco-type flavour or scent. The intention is to eliminate sweet, fruity or mint-based flavourings that may increase their attractiveness among younger consumers.

The draft further regulates other nicotine-containing products that are not classified as tobacco products. Certain items such as nicotine gums, tablets, aerosols or similar products would be allowed on the market only if they are authorised within appropriate regulatory frameworks, such as pharmaceutical or medical product regimes.

Stronger supervision of the e-cigarette market

The proposed amendment also strengthens the powers of public authorities responsible for oversight of nicotine products.

Under the new rules, Sanitary Inspection and Trade Inspection authorities will gain expanded powers to verify compliance with product requirements. This includes the possibility of commissioning laboratory tests of e-liquids and emissions from electronic cigarettes.

Additionally, packaging of e-cigarettes and refill containers for reusable devices will need to include a specific product identifier, making it easier to trace and control products available on the market.

Severe penalties for violations

The draft provides for significant sanctions for entities introducing prohibited products into circulation.

Selling or distributing banned nicotine products could result in a fine of up to PLN 200,000, a restriction of liberty, or both penalties combined.

The severity of the sanctions reflects the government’s intention to discourage illegal distribution and strengthen enforcement of the new regulations.

When could the new rules take effect?

Before entering into force, the draft law must still go through the legislative process in the Polish Parliament and undergo notification procedures at the EU level.

Once adopted and published in the Journal of Laws, the new regulations are expected to apply after a six-month transition period. Products that do not meet the new requirements may remain on the market only during that limited timeframe.

Do you have questions about the new regulations?

If your business operates in the tobacco, nicotine or retail sector in Poland, the proposed regulations may significantly affect product compliance and market access. Our team supports companies in navigating regulatory changes and assessing legal risks related to new market restrictions.

If you would like to discuss how the planned ban may impact your business, feel free to contact us at [email protected]