Last updated: September 17, 2019
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The Protection of Health Act and the Ministry of Health regulations require warnings on all unit packaging of smoked and smokeless tobacco products.
The law meets FCTC Art. 11 with respect to warnings on unit packaging and labeling.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The Protection of Health Act (Art. 4(7)) and the Ministry of Health regulations (Art. 4(1)) specifically state that smoked tobacco product health warnings are to be placed on bulk packaging used at retail. However, these provisions do not apply to smokeless tobacco products, and it is therefore unclear whether health warnings must be placed on outside packaging for smokeless tobacco.
The law meets FCTC Art. 11 with respect to requiring warnings on outside packaging of smoked tobacco products. However, to fully meet FCTC Art. 11, the law should also explicitly state that health warnings are required on outside packaging for smokeless tobacco products.
Warning texts must be in the principal language(s) of the country
The Protection of Health Act specifically states that the text of the warnings must be in Polish. The Ministry of Health Regulations provide the warnings as they must appear, in Polish.
The law meets FCTC Art. 11 with respect to warnings being in the principal language of the country.
A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack
The Ministry of Health Regulations require that health warnings be placed on the package in such a way that they are “not prone to damage or becoming separated off when the packaging is opened.” The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
The Ministry of Health Regulations require that health warnings be placed on the package in such a way that they are “not covered up by another graphical element or any other part of the packaging.” The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law does not require the display of qualitative (descriptive) constituents and emissions messages. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require the display of qualitative (descriptive) constituents and emissions messages.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law does not prohibit the display of figures for emissions yields. Rather, the Protection of Health Act and the Ministry of Health Regulations require the display of tar, nicotine, and carbon monoxide content on one of the two lateral sides of the cigarette unit packaging.
The law does not align with FCTC Art. 11 and the FCTC Art. 11 Guidelines. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emissions yields because such figures can be misleading to consumers.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Poland. The FCTC Art. 11 Guidelines provide that Parties should consider adopting plain packaging measures that restrict or prohibit the use of logos, colors, brand images, or other promotional information on packaging other than brand and product names displayed in a standard color and font style. Plain packaging aims to reduce the appeal of tobacco products, to increase the noticeability of health warnings, and to reduce the ability of the packaging of tobacco products to mislead consumers about the harmful effects of smoking.
Prohibition on misleading tobacco packaging & labeling including terms, descriptors, trademarks, figurative or other signs (logos, colors, images that directly create a false impression that a tobacco product is less harmful than other tobacco products)
The Protection of Health Act prohibits on tobacco product packaging “inscriptions, names, trademarks, or symbols and other signs suggesting that this product is less harmful than others.” Therefore, the law meets FCTC Art. 11 with respect to prohibiting misleading terms, descriptors, trademarks, or figurative or other signs.
