Problems with defining tobacco products in the Polish anti-tobacco act
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Department of Commercial Law, University of Gdansk, Gdansk, Poland
Department of Public Health and Social Medicine, Medical University of Gdansk, Gdansk, Poland
Publication date: 2023-04-25
Corresponding author
Małgorzata Balwicka-Szczyrba   

Department of Commercial Law, University of Gdansk, Gdansk, Poland
Tob. Prev. Cessation 2023;9(Supplement):A24
The Polish Anti-Tobacco Act defines tobacco products as products intended for consumption by consumers, consisting, even partially, of tobacco, including genetically modified tobacco. Such a definition of tobacco products, by referring to tobacco, raises doubts as to the status of new products appearing on the market. Currently, on the basis of the legal solutions in force in Poland, there is a problem with the legal classification of other products containing extracted or synthetic nicotine such as nicotine pouches.

The aim of the study was to analyze the legal regulations in force in Poland in terms of qualification of emerging new nicotine-containing products.

Material and Methods:
Dogmatic and legal analysis of the provisions of the Polish Anti-Tobacco Act of 1995 and its amendments and the WHO Framework Convention on Tobacco Control (FCTC).

Due to the narrow defining of the term "tobacco product" in the Polish anti-tobacco act, there are doubts as to the legal classification of nicotine products newly introduced to the market, which do not contain tobacco itself but only extracted or synthetic nicotine and are not medicinal products at the same time. Although definition of tobacco products corresponds to Art. 1 f. of the FCTC, it seems that it would be consistent with the spirit and objectives of the Convention and the current challenges of public health to extend this concept under the Polish Anti-Tobacco Act to include other nicotine products of a non-medicinal nature.

In view of the marketing of new forms of administering nicotine, which can be synthetic, it is necessary in the Polish Anti-Tobacco Act to depart from the name "tobacco products" and adopt the name "nicotine products". Only such a broad definition will make it possible to define without any doubt the legal status of new non-medicinal products appearing on the market, without the need to constantly amend the legislation. It should be recognized that such actions are in line with the spirit and objectives of the FCTC.

The authors have no conflicts of interest to declare.
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