They argue that the new regulations’ assumptions in the context of health policy were not met, so a reassessment of the regulatory impacts is needed. They also emphasized that both national and EU rules in this area inadequately reflect scientific research findings.
– The Treaty on the Functioning of the European Union requires the creation of policies, including health and anti‑nicotine policies, based on scientific evidence. There is a lot of it now. Today science already knows a great deal about the harmful effects of nicotine products. Nicotine itself does not harm at the doses allowed for circulation, but what causes tobacco-related diseases is tobacco and the various substances produced by its combustion – Krzysztof Łanda, doctor, former deputy health minister 2015‑2017 and founder of the Watch Health Care Foundation, says in an interview with Newseria.
As the expert’s cited systematic review of scientific evidence prepared by HTA Formedis for the Association of Entrepreneurs and Employers in 2024 shows, available studies demonstrate clear differences in exposure to harmful substances among different nicotine products. The review assessed tobacco heating devices, e‑cigarettes, and nicotine pouches.
– All three assessment tracks we conducted – the chemical track on harmful substances, biomarkers, and clinical points relevant to patients – clearly show that these products are less harmful than regular cigarettes. Regular cigarettes are the most harmful, containing the greatest amount of fatal toxins in their smoke; heating devices and e‑cigarettes are considerably less harmful. Pouches are hard to suspect of any harmful effect since they have nothing to do with tobacco – explains Dr. Krzysztof Łanda.
The review of studies comparing different nicotine products considers not only their composition but also the level of bodily exposure and health effects. In such analyses, traditional cigarettes remain the highest‑risk product.
– The EU anti‑tobacco directive does not take these studies into account. It was created in 2014 based on research from 2008‑2013, so it does not consider either innovative products or the growing body of clinical research that says more about the harmfulness of these products – the former deputy health minister assessed. – Attempts are made to create policy detached from scientific evidence, which is inconsistent with the Treaty on the Functioning of the European Union, common sense, and accepted global standards. If we are to develop good solutions in this regard, we cannot ignore existing scientific evidence.
Based on the review of anti‑nicotine policies, the expert assesses that in practice a comprehensive and balanced strategy works, including high and lasting taxes on tobacco products, smoke‑free space regulations, total bans on advertising, promotion, and sponsorship, available and subsidised smoking cessation support, and regulated, safe harm‑reduction pathways for smokers. This is contrasted with a fragmented approach that fails to enforce rules or bans less harmful alternatives as smoking‑cessation tools.
Examples from other countries show that the effectiveness of bans largely depends on enforcement. In Greece, a digital retail register for alcohol and tobacco products was created, requiring all sellers to register. This facilitates field inspections. Additionally, sellers must verify the buyer’s age with a QR code and a government app. If a minor is caught with alcohol, a tobacco product, or an e‑cigarette and indicates the purchase location, both the seller and the store owner can be held liable. Violations can lead to administrative fines, criminal liability up to three years’ imprisonment, and financial penalties.
– I recently attended a meeting at the Ministry of Finance where only two anti‑nicotine policy goals were presented, meaning the policy essentially doesn’t exist. One was market regulation – I don’t see it, the chaos is growing and the black market for nicotine products is expanding in Poland. The second was a fiscal goal, i.e., as much money as possible for the state budget. I don’t see that either. With prices we’re at the Laffer curve’s peak, so further price increases would reduce budget revenues – Krzysztof Łanda argues.
Last year, a 40 PLN excise tax was imposed on vaping products per unit. The changes led to a sharp drop in legal sales.
– Such a high excise caused a dramatic drop in sales, both for disposable e‑cigarettes, whose restriction was essentially aimed at raising prices, and for regular vaping devices. This creates major problems for companies involved in production, distribution, and import of these products – says Adam Abramowicz, president of the Employers’ Association of the Chamber of Entrepreneurs.
According to the Market Monitoring Center, in December 2025 sales of vaping products fell from 10.6 million units the previous year to 650 thousand, a 94% drop; previous months also saw declines of 93‑95%. Sales of disposable e‑cigarettes shrank last month from 4.46 million to 60 thousand, and e‑cigarette pods from 6.13 million to 590 thousand year‑on‑year. As the Vaping Industry Employers Association experts emphasize, the decline in legal sales does not mean a drop in demand, but a shift outside official circulation. According to the Fraunhofer Institute, the grey market and illegal e‑cigarette trade in Poland currently reach 58%.
– These products are not controlled at all in terms of composition, they flow from abroad, are distributed without any problem to young people, so the pro‑health effect turned out to be missing. The economic effect is measurable, i.e., the closure of small outlets, limiting industry growth, which may soon also be linked to increased unemployment – Adam Abramowicz assesses.
The vaping product industry in Poland consists of about 1,000 firms, mainly SMEs, employing roughly 12,000 people. Regulatory changes and the decline in legal sales directly affect their situation and the labour market.
– Several months have passed since the law was enacted. The losses for the SME sector, the economy, and the budget, which were even highlighted in the regulatory impact assessment, were supposed to be justified by good health outcomes for society. Today we see that those good outcomes are absent, while losses for the budget and firms exist. An ex‑post assessment of this law must be conducted and improved – the president of the Employers’ Association of the Chamber of Entrepreneurs proposes.
The expert points out that regulatory impacts should be analysed comprehensively – both in terms of public health and economic and fiscal effects.
– After several months of operation we see that public health is not protected by these regulations. On the contrary, a large number of products have appeared on the market that come from the grey market, i.e., have uncontrolled compositions. There is no budget impact because it is known that they are sold without any excise or taxes. Legal consumption of vaping products has fallen, but cigarette consumption has risen. This also affects the fact that the public health sphere has not achieved the intended effects – Adam Abramowicz emphasizes.
Data from other countries also show that regulatory restrictions often lead to a shift of sales outside the official market. In the Netherlands, after the ban on flavored e‑cigarettes, over 35% of users buy products abroad, and over 30% in informal circulation. In Denmark, despite similar restrictions, over 90% of users rate product availability as easy.
– The age of buyers of these products will certainly not be controlled in the grey market, because it cannot be controlled, so for public health it would be better if these channels were legal – the president of the Employers’ Association of the Chamber of Entrepreneurs argues.
Source: Newseria
