Last updated: May 20, 2025

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Uncertain
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

Anyone who produces or imports tobacco products without the required health warnings and information on the packaging is subject to a fine of up to 200,000 PLN, a jail sentence, or both. In addition, a court can order forfeiture of the products not in compliance.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that manufacturers and importers, bear legal responsibility for compliance with packaging and labeling measures. However, to align more fully, the law should specify a range of fines or other penalties, including license suspension or cancellation, commensurate with the severity of the violation and taking into consideration whether it is a repeat violation. In addition, the law should explicitly authorize an agency with enforcement duties.

Importer

Uncertain
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

Anyone who produces or imports tobacco products without the required health warnings and information on the packaging is subject to a fine of up to 200,000 PLN, a jail sentence, or both. In addition, a court can order forfeiture of the products not in compliance.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that manufacturers and importers, bear legal responsibility for compliance with packaging and labeling measures. However, to align more fully, the law should specify a range of fines or other penalties, including license suspension or cancellation, commensurate with the severity of the violation and taking into consideration whether it is a repeat violation. In addition, the law should explicitly authorize an agency with enforcement duties.

Wholesaler

Uncertain
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

Any person who “place(s) on the market tobacco products in packages on which there is no health warning stated in Polish” is subject to a fine of up to 200,000 PLN, a jail sentence, or both. In addition, a court can order forfeiture of the products not in compliance. This provision is interpreted to include wholesalers.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that wholesalers bear legal responsibility for ensuring that tobacco products have warnings in Polish. However, to align more fully, the law should specify that wholesalers bear legal responsibility to ensure that tobacco products have the correct warnings, not just warnings in Polish. In addition, the law should specify a range of fines or other penalties, including license suspension or cancellation, commensurate with the severity of the violation and taking into consideration whether it is a repeat violation. In addition, the law should explicitly authorize an agency with enforcement duties.

Retailer

Uncertain
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

Any person who “place(s) on the market tobacco products in packages on which there is no health warning stated in Polish” is subject to a fine of up to 200,000 PLN, a jail sentence, or both. In addition, a court can order forfeiture of the products not in compliance. This provision is interpreted to include retailers.

The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that the law specifies that retailers bear legal responsibility for ensuring that tobacco products have warnings in Polish. However, to align more fully, the law should specify that retailers bear legal responsibility to ensure that tobacco products have the correct warnings, not just warnings in Polish. In addition, the law should specify a range of fines or other penalties, including license suspension or cancellation, commensurate with the severity of the violation and taking into consideration whether it is a repeat violation. In addition, the law should explicitly authorize an agency with enforcement duties.