Last updated: May 20, 2025

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)

Advertising and Promotion

Any person who violates advertising and promotion provisions
Fine, Jail
Enforcement Agency

Uncertain

Analysis

The law provides that any person who violates advertising, promotion or sponsorship provisions is subject to a prison sentence or a fine of up to PLN 200,000 or both. The law does not specify the agency authorized to enforce the advertising, promotion and sponsorship provisions.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for penalties for advertising and promotion violations. However, to align more fully align, the law should include a range of penalties, including fines, corrective advertising remedies, and license suspension or cancellation. Fines should be graded and commensurate with the nature and seriousness of the offense(s), including a first offense, and should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship. Repeat infringements should incur a highly significant penalty for a manufacturer or responsible entity. In addition, the law should authorize an agency with the power to enforce advertising and promotion provisions.

Sponsorship

Any person who violates sponsorship provisions
Fine, Jail
Enforcement Agency

Uncertain

Analysis

The law provides that any person who violates advertising, promotion or sponsorship provisions is subject to a prison sentence or a fine of up to PLN 200,000 or both. The law does not specify the agency authorized to enforce the advertising, promotion and sponsorship provisions.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for penalties for sponsorship violations. However, to align more fully, the law should include a range of penalties, including fines, corrective advertising remedies, and license suspension or cancellation. Fines should be graded and commensurate with the nature and seriousness of the offense(s), including a first offense, and should outweigh the potential economic benefits to be derived from the advertising, promotion or sponsorship. Repeat infringements should incur a highly significant penalty for a manufacturer or responsible entity. In addition, the law should authorize an agency with the power to enforce sponsorship provisions.