The Polish Ministry of Health has introduced a new legislative proposal aimed at further tightening regulations on tobacco and nicotine products. The draft includes a total ban on e-cigarettes and a prohibition on flavored nicotine pouches. Meanwhile, the European Commission is preparing a major overhaul of the EU Tobacco Products Directive, expected to affect all tobacco and nicotine-related products. Lawmakers warn that the combination of national and EU-level reforms may lead to legislative chaos, overregulation, and increased risk of illicit trade—especially with proposed steep tax hikes.
New EU Tobacco Directive in the Pipeline
The upcoming EU directive is considered one of the most significant for the tobacco sector in years. It aims to harmonize regulations across all nicotine products and align excise tax levels among member states. The European Commission’s plan includes a sharp increase in the minimum excise duty on cigarettes to curb illegal cross-border trade and reduce the grey market.
“Poland is taking a more product- and tax-focused approach, while the European Commission wants to double cigarette excise taxes,” said Elżbieta Łukacijewska, MEP from the Civic Platform (PO), in an interview with Newseria. “According to Commissioner Hoekstra, the idea is to standardize rates across the EU to combat smuggling and illegal trade. But in my view, such drastic increases may have the opposite effect—fueling the grey market.”
She emphasized that smokers and users of nicotine products would likely turn to cheaper, unregulated alternatives, potentially from the black market and of unknown composition.
“I fear that doubling prices will hurt those who currently contribute substantial tax revenue—including in Poland—and at the same time increase competition from unregulated sources. We’ll end up spending millions fighting cigarette smuggling,” said Łukacijewska. “Of course, this proposal is still under discussion and not yet before the European Parliament. But excessively high prices always invite a black market, which poses health risks for smokers and threatens national budgets, which—like it or not—heavily rely on this industry.”
Poland’s Own Crackdown: Ban on E-Cigs and Flavored Pouches
In parallel to EU-level discussions, Poland is advancing its own stricter tobacco laws. A new bill, currently under public consultation, proposes a complete ban on the sale of e-cigarettes as well as a ban on flavored nicotine pouches. This legislative proposal follows the April 1 increase in excise duties, which was expanded to include vaporizers, reusable e-cigarettes, heated tobacco, nicotine pouches, and disposable e-cigs.
Critics are warning that Polish and EU regulations may overlap and conflict, especially if both advance independently.
“We should’ve used Poland’s EU presidency to coordinate these issues during health ministers’ meetings,” said Anna Zalewska, MEP from Law and Justice (PiS). “Instead, we’re heading toward total chaos. I’m always in favor of deregulation and free markets. Unfortunately, the EU keeps moving in the direction of excessive regulation.”
Zalewska noted that the emerging regulatory frameworks at the national and EU levels may create two separate legal systems, further complicating compliance and enforcement.
Calls for Balance and Clarity
According to Michał Kobosko of Poland 2050, tobacco product regulation is vital for public health but should remain largely under the control of individual member states.
“If we can’t establish clear rules domestically, and if legislative processes take months without clarity on our tax and health policies, then we shouldn’t be surprised if the EU steps in,” Kobosko commented. “Poland—not only because of its presidency but as a key EU member—should play a major role in shaping health and tobacco policy.”
Kobosko emphasized that Poland still has a significant tobacco industry, employing thousands of farmers and factory workers, and that the illegal trade from the eastern border remains a persistent threat.
“I want to see more initiative from our Ministry of Health and a clearer position. We must not give up our role as a key player—especially given the size of the domestic industry and its contribution to the economy.”
Tobacco Sector’s Economic Significance
The nicotine and tobacco sector is economically crucial in Poland, contributing approximately 6% of the national GDP. With this in mind, many stakeholders argue that future reforms—whether national or EU-driven—must carefully balance public health objectives with economic realities, including the threat of job losses, reduced tax revenue, and the unintended expansion of illegal markets.
