Poland Considers Ban on Flavored Heated Tobacco Products

The Polish Ministry of Health has announced the end of the 30-day public consultations on the draft act amending the act on the protection of health against the effects of using tobacco and tobacco products. The proposed amendment aims to ban the sale of flavored cigarettes and heated tobacco products in Poland.

Ban to Cover Heated Tobacco Products

The document, prepared by the Ministry of Health and submitted for consultation on May 15, seeks to add a new point to the existing Act on the Protection of Health against the Consequences of Using Tobacco and Tobacco Products. This addition would define “heated tobacco product” as an innovative tobacco product that, when heated, emits nicotine and other chemical substances for inhalation by the user or users, and can be classified as either a smokeless tobacco product or a tobacco product for smoking, depending on its characteristics.

The amendment would prohibit the sale of tobacco products with a characterizing flavor, including heated tobacco products. Manufacturers and importers of these products would also be required to provide the President of the Bureau for Chemical Substances with all new or updated information on analyses, studies, and other relevant data regarding these products.

Reducing Consumption and Protecting Public Health

According to the Ministry of Health, the proposed changes aim to implement the EU directive of June 29, 2022, and to protect public health by reducing the consumption of heated tobacco products, particularly among young people. The ministry emphasizes that tobacco products are not ordinary goods and that priority should be given to health protection, given the particularly harmful effect of tobacco on human health.

The regulatory impact assessment cites a report showing that 1.5% of adult Poles use heated tobacco products, and the withdrawal of flavored products may contribute to reducing their consumption. The ministry believes that the proposed changes should not have a significant impact on the overall volume of tobacco product sales in Poland.

Tobacco Growers Protest the Amendment

The Polish Association of Tobacco Growers has voiced its opposition to the proposed amendment. The Association’s director, Przemysław Noworyta, argues that the future of growers in Europe, including Poland, is closely linked to the development of the heated products segment, as smoking traditional cigarettes in EU countries is decreasing and being replaced by heated tobacco inserts.

Noworyta emphasizes that the Polish government’s proposal to ban products with characteristic aromas, primarily menthol, which currently constitute 80% of consumed heated products, would destroy the heated tobacco products sector. He also points out that the directive on which the amendment is based has been appealed to the Court of Justice of the European Union (CJEU), and implementation should be postponed until a verdict is announced.

As the Ministry of Health analyzes the submitted comments and prepares to discuss them in the report on public consultations and inter-ministerial arrangements, the debate surrounding the proposed ban on flavored heated tobacco products in Poland continues.

Source: MZ: koniec konsultacji ws. zakazu sprzedaży papierosów do podgrzewaczy

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