Cross-Border E-Commerce Sellers Still Selling E-Cigarettes to Poland? Beware of Penalties!

Recently, foreign media reported that since September 8, 2016, the new EU Tobacco Products Directive (TPD) has come into effect in Poland. According to this law, it is prohibited for businesses to sell e-cigarettes and refill containers online to Polish consumers.

In response, the eSmoking Association inquired with the Polish Ministry of Health whether the ban also applies to foreign sellers. The public health department of the Polish Ministry of Health clearly stated that both domestic and foreign sellers are prohibited from selling e-cigarettes online to consumers. The Ministry of Health warned that violations of this ban could result in penalties of up to 200,000 Polish zloty or imprisonment, or both penalties concurrently.

According to the regulations, any foreign company selling e-cigarettes or refill containers online to Polish consumers is in violation of Polish law. Nevertheless, many companies (especially those registered outside the EU) continue to sell e-cigarettes online to Polish consumers, largely ignoring these legal changes. Polish law enforcement agencies will take action against companies that violate these regulations.