The Polish Ministry of Health has proposed amending the Health Protection Act to ban the sale of heated tobacco products with characteristic flavors. The proposal has drawn strong opposition from the Polish tobacco industry, especially since flavors comprise 80% of the heated tobacco market.
Proposed ban on flavored heated tobacco products
According to a recent report by Rynekzdrowia. The Polish Ministry of Health it was announced on July 3 that the 30-day public consultation on a draft revision of the Health Protection Act had ended.
On May 15, the draft revision submitted by the Ministry of Health entered the public consultation phase. The proposal suggests adding to the current law the concept of “heated tobacco product”. This means “heated tobacco product an innovative tobacco product in which products containing smoke tar and other chemical substances are released by heating” and can be categorized as a “heated tobacco product”. Which can be categorized as either smokeless or combustible tobacco products.
Public consultation has ended
The draft revisions also include a ban on the sale of tobacco products with characteristic flavors, which also applies to heated tobacco products. The new regulations require manufacturers and importers of new tobacco products to “immediately submit all new or updated information, including analyses, studies, and other relevant data. The Director of the DEA” and the Director of the DEA may request additional information. The changes are intended to implement the June 29, 2022 EU Directive.
Reduce the risk of placing heated tobacco products
According to the reason for the proposal. “These products are a new type of cigarette product that has not yet been tested to levels comparable to traditional cigarette products (e.g., tobacco)”. The Department of Health believes that additional research information would also help. The Director of the ICH to more fully evaluate the new tobacco product and thereby improve public health protection.
In addition, the “need to reduce the risk of placing heated tobacco products with distinctive flavors on the market” was raised, noting that the law would take effect three months after publication, providing time for manufacturers to withdraw flavored tobacco products.
According to an impact analysis of the draft amendments, 1.5% of adults in Poland use heated tobacco products. The report suggests that a ban on flavored tobacco products may reduce their consumption.
- “After the ban on the sale of heated tobacco came into force, one in ten smokers decided to quit (11.6%). However, 8.8% of those who inhaled such products switched to heated tobacco products or vapes (6.1% of men and 11.2% respectively In addition, most often young people (23.7% in the 18-24 age group and 13.9% in the 25-34 age group).”
About 80% of the market for new tobacco products
The Ministry of Health estimates that about 80% of the market for new tobacco products consists of products with characteristic flavors. While the Ministry of Health does not believe that these changes will have a significant impact on sales of tobacco products in Poland. They may still result in a decline in government budget revenues. Which is expected to be reduced by PLN 68.3 million (approximately $16.4 million) annually. Provided that the law allows for the sale of currently stocked products within the effective year.
However, the Polish Tobacco Growers Association is strongly opposed to the draft revision. Przemysław Noworyta, head of the association, noted that the future of tobacco growers in Europe, and Poland in particular, is closely linked to the development of the heated tobacco products industry. As sales of traditional tobacco decline in the EU-China, the market share of heated tobacco products is increasing. He emphasized that the association wants the industry to grow so that Polish tobacco can be widely used in the production of heated tobacco products.
Noworyta said that in the absence of a final judgment published by the EU. The Polish government has implemented a directive that many legal experts consider flawed and have appealed to the European Court of Justice. The proposal is to ban the heating of tobacco products with characteristic flavors, especially menthol flavors, which account for 80 percent of the market. He believes that this practice is detrimental to the development of the industry.
