Policy Summary: 

E-cigarettes are classified as tobacco related products and regulated by the Polish Anti-Tobacco Act (2016). Regulation requires specific reporting obligations on manufacturers and importers, and compliance with a range of product specifications including on pack warnings.

Cross-border distance sales of e-cigarettes are prohibited. Sale or distribution of e-cigarettes to minors under 18 years is prohibited, as is sale via vending machines or self-service systems (exceptions exist for duty-free shops).

Nicotine content of e-liquid must be less than or equal to 20mg/mL. Single use e-cigarettes as well as single use e-cigarette tanks must not exceed 2mL, and volume of refill containers must not exceed 10mL. E-liquid should not contain certain additives, and only high quality ingredients should be used in their manufacture. 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.

Nicotine-containing 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. Product packaging must contain a 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 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.

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.

For 2018, the excise tax on e-liquid is 0.5PLN ($0.15) per milliliter. 

Product Classifications: 
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