Online Shops Selling E-Cigarettes to Poland are Committing a Crime

OSTRZESZÓW, Poland, October 26, 2016 /PRNewswire/ --

Since September 8, 2016 European Union Tobacco Products Directive (TPD) has been a binding law in Poland. It was introduced by novelised domestic law - The Protection of Health against the Consequences of the Consumption of Tobacco and Tobacco Products Act. Many foreign on-line shops are not aware that by selling nicotine products to customers in Poland, they commit a crime.  

According to the new law regulating the tobacco market in Poland, on-line sales of electronic cigarettes and refill containers and their parts to consumers in Poland is forbidden. The eSmoking Association asked the Polish Ministry of Health, if the prohibition applies also to foreign retailers. The answer of the Public Health Department of the Ministry of Health is unequivocal: this kind of sales is forbidden, no matter if it is conducted by domestic or foreign entrepreneurs. As the Ministry of Health has informed, failing to comply with the prohibition to sell online electronic cigarettes and refill containers in Poland, is subject to a fine of up to 200 000 PLN or restriction of personal liberty, or both of these punishments together.

- According to the binding regulations, each foreign company selling online electronic cigarettes or refill containers to consumers from Poland, violates domestic regulations. Despite this, many companies (especially these registered outside the EU borders) still do this kind of business, ignoring the legislative changes. We suspect that in the majority of cases it is due to the lack of awareness of the Polish law. Nevertheless, regardless of this, a company which sells online electronic cigarettes to Poland, can attract interest of Polish law enforcement agencies fighting the black market - says Jerzy Jurczyński, public affairs in the  eSmoking Association.

The Protection of Health against the Consequences of the Consumption of Tobacco and Tobacco Products Act, PL: 

Article 7f. The distance selling, including the cross-border distance selling of the following is prohibited: 

1) tobacco products; 

2) electronic cigarettes and refill containers and their parts 

Article 12c. Anyone who: (...) 

5) fails to comply with the bans on distance selling, referred to in Article 7f, (...) 

shall be subject to a fine of up to PLN 200 000 or shall be sentenced to prison, or shall receive both of these punishments together. 

Contact: Jerzy Jurczynski, +48-7341561