Policy Summary: 

Although e-cigarettes are considered to be a sui generis category of products, they are regulated by the Anti-Tobacco Act (Ustawa o ochronie zdrowia przed następstwami używania tytoniu i wyrobów tytoniowych) of 1995 as subsequently amended. The relevant parts of the Act were introduced in 2016 in order to implement the provisions of the EU Tobacco Products Directive (2014). The Act not only repeats the requirements of the TPD but also adds some additional restrictions.

The Act, in line with the TPD, established a maximum size for e-liquids constrainers (10 mL) as well as for cartridges or e-cigarettes tanks (2 mL). Nicotine content of e-liquid must be less than or equal to 20mg/mL. Both e-cigarettes and refill containers should be child- and tamper-proof, protected against breakage and leakage, and have a mechanism that ensures filling without leakage. Currently (as of 2019) there are no restrictions of flavors.

The Act, identitcally as the TPD, mandates the use of only high-purity ingredients in the production of e-liquids (meaning that only trace levels of impurities which are technically unavoidable during the manufacture process can be present in a product). Except for nicotine, only ingredients that do not pose a risk to human health in heated or unheated form can be used in the nicotine-containing e-liquid. E-cigarettes must be able to deliver a dose of nicotine at a consistent level under normal conditions of use.

Product packaging must contain a textual health warning and display a list of the ingredients, the nicotine content and delivery dose, the batch number and a warning that the product must be kept out of reach of children. Leaflet must also include a warning that the product is not recommended for use by young people or nonsmokers. The health warning “Wyrób zawiera nikotynę, która powoduje szybkie uzależnienie.” (“This product contains nicotine which is a highly addictive substance.”) must appear on 30% of the two major surfaces of the unit packaging (which is the minimum that is required by the TPD) and any other packaging; must be in black Helvetica bold font on a white background; text must be centralized, and be parallel to the main text on the surface reserved for the warning. The package must not contain misleading information (for example, any suggestion that a product is less harmful than others or that it has health or lifestyle benefits).

The Act, again in line with the TPD, imposes a notification requirement for manufacturers and importers of e-cigarettes and e-liquids. All new products, introduced or substantially altered after that date, have to be notified to the relevant state authorities six months before their planned placement on the market. The Act describes in detail the information that has to be provided as a part of a notification. In addition, manufacturers and importers of e-cigarettes and e-liquids are obliged to submit to the competent authorities, on an annual basis, information on sales volume, preferences of various consumer groups, particularly young people and non-smokers, and modes of sale.

Distance sales of e-cigarettes, their parts and e-liquids are prohibited (not only cross-border as required by the TPD but also domestic). Sale or distribution of e-cigarettes and e-liquids to minors under 18 years is prohibited as well. The same is true for sale via vending machines or self-service systems (exceptions exist for duty-free shops).

Advertising, promotion and sponsorship related to e-cigarettes are banned. It is also prohibited to display items that imitate the packaging of e-cigarettes.

Use of e-cigarettes in certain public places and on public transportation is prohibited. The effectiveness of the ban is limited as it does not cover those e-cigarettes that do not contain nicotine.

The excise tax on e-liquid is currently 0%, and it will grow to PLN 0.5 ($0.12) per milliliter as of 1 July 2020.

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