On Tuesday, the Council of Ministers made a decision regarding a bill that could effectively ban the sale of nicotine pouches and disposable e-cigarettes. The final decision on whether the new regulation will come into force will rest with President Karol Nawrocki, whom the governing camp and media sympathetic to it have accused of using one of these products.
Another Amendment
A draft amendment prepared by the Ministry of Health to the Act on the Protection of Health from the Consequences of Using Tobacco and Tobacco Products (UD213) has passed the stage of inter-ministerial consultations, public consultations, and review by the Standing Committee of the Council of Ministers. On Tuesday (10 March), the government adopted the draft, which means it will now be submitted to the Sejm for legislative proceedings.
Given that this is a government initiative, it is unlikely that its main provisions will be significantly modified, let alone challenged by the parliamentary majority.
The entry into force of the amendment will mean a ban on the sale of disposable electronic cigarettes, as well as disposable e-cigarettes containing liquid without nicotine. In practice, however, the change may have a limited impact on the market because, after the introduction of a PLN 40 excise tax on disposable e-cigarettes, these products had already largely disappeared from legal sales.
The new legal definition of an e-cigarette provided in the bill will mean that such devices cannot be refilled with liquid nor use replaceable cartridges. Increased laboratory supervision over the composition of e-cigarette liquids has also been proposed.
Nicotine pouches will be allowed to contain only ingredients that give them the smell or taste of tobacco, which, according to the authors of the bill, is intended to limit “attractive flavors that particularly appeal to young users.”
The draft also introduces a ban on the sale of nicotine-containing products that are neither tobacco products nor tobacco-related products, such as gums, patches, or sachets, except for those classified as medicines or medical devices.
Placing such products on the market will be punishable by a fine of up to PLN 200,000, a restriction of liberty, or both penalties combined.
Elimination of Nicotine Pouches
Nicotine pouches are small, discreet sachets containing nicotine, water, flavorings, sweeteners, and plant fibers, but no tobacco leaves. They are placed under the upper or lower lip, where nicotine is gradually released and absorbed through the oral mucosa. Users typically keep them in their mouths for anywhere from several minutes to several dozen minutes.
Unlike traditional chewing tobacco or snus (which contains tobacco), they do not require spitting. Their use does not produce smoke, vapor, or any odor, allowing them to be used discreetly in public places, offices, or even on airplanes. This is precisely what makes them an attractive alternative to smoking cigarettes, vaping, or other forms of nicotine consumption.
Nicotine pouches available on the Polish market come in various strengths and flavors (fruit, mint, coffee, etc.), but the amendment to the tobacco law may change this. Earlier regulations had already modified certain requirements for pouches (for example, setting a maximum nicotine content of 20 mg/g) and eliminated flavored tobacco inserts for heated tobacco devices from the market. However, the government believes these measures are insufficient and cites the need to protect youth and public health.
Industry and Employers Protest
The bill adopted on Tuesday has been strongly opposed by the industry (manufacturers and distributors) as well as employer organizations such as Lewiatan and the National Chamber of Commerce. If the new rules concerning nicotine pouches come into force, only tobacco-flavored variants will remain available for sale. However, flavored pouches account for approximately 90 percent of this market segment, meaning the new regulation could effectively lead to their near-complete elimination.
Nicotine pouches originate from Scandinavia, mainly Sweden, where their precursor, snus, has been part of tradition for over 200 years. Tobacco-free pouches, often referred to as “white snus,” emerged as an innovation around 2016 and quickly spread across Europe and the United States.
Supporters of the product value its “positive impact” on improving concentration, similar to caffeine. They also point to the convenience of use and a lower burden on the respiratory system compared with smoking.
Interestingly, Swedish experience suggests that the health risks associated with nicotine pouches are significantly lower than those linked to tobacco use. The absence of tobacco results in lower levels of carcinogenic substances (such as nitrosamines) compared with snus or chewing tobacco. Studies indicate a 99.8 percent lower risk of cancer compared with cigarette smoking.
Nicotine pouches can also help reduce withdrawal symptoms by replacing the nicotine obtained from cigarettes. In Sweden, their use has contributed to a decline in smoking rates from 12 percent to below 6 percent.
The President Will Decide
If the law restricting the sale of flavored nicotine pouches is passed by parliament, the final decision will belong to the president. Karol Nawrocki, who, as is widely known, is himself a user of this product, may then face a difficult choice.
Signing the bill would be interpreted as support for tightening nicotine regulations. However, if the president were to veto a regulation described by industry representatives and employer organizations as an attempt to “eliminate the market,” he would likely face criticism and attacks from the governing coalition. This could open a new area of conflict between the Presidential Palace and the government and spark a broader debate about the limits of state intervention in the market for alternative nicotine products.