“Gold-plating” the law
Poland plans to implement the Tobacco Products Directive (TPD) more harshly than required by the European Union. The government will ban online and cross-border sales, effectively eliminating availability of vapor products—like vape juice or any kind of e-cigarette, be it a vape pen or even just a vape tank) in many parts of the country. Poland has a population of almost 39 million, making it the the sixth biggest country in the EU.
The TPD must be implemented by all member countries of the EU. However, the rules allow each country the latitude to transpose (insert into their own national laws) the regulations more strictly than required. That is, the Polish government is free to add further restrictions — which is exactly what they have done. The practice is sometimes called “gold-plating.”
Hundreds of businesses will be ruined
“Several hundred businesses selling only online will be just wiped out from the market,” wrote Miroslaw Dworniczak on the Nicotine Science and Policy website [since removed]. “Many people will lose their jobs. And most important, hundreds of thousands of Polish vapers, living in small cities and villages, will immediately lose access to e-cigarettes and e-liquid.”
Dworniczak is a chemist, freelance science journalist and lecturer at the Department of Chemistry, Adam Mickiewicz University in Poznan, Poland. He’s also the author of a Polish blog on e-cigarettes and e-liquid chemistry and safety.
Ignoring the evidence
"In March this year an important report was published by Professor Andrzej Sobczak, of the Silesian Medical University, who has been the head of the group studying e-cigarettes since 2011. The conclusion of his paper was simple: e-cigarettes are much less harmful for human health than smoking regular cigarettes. This report was also sent to the ministry. Following this we had the British Royal College of Physicians report in April, which was also forwarded to MPs in the Parliament and on the back of these, in May this year, vapers started to campaign for a parliamentary public hearing regarding this implementation. This met with no response from the authorities. In June there was the Third Global Forum on Nicotine in Warsaw and the organizers tried to invite government and parliamentary officials to discuss the most important issues. Once again there was no response."
Dr. Miroslaw DworniczakJim McDonald
Vaping since: 12 years
Favorite products:
Favorite flavors: RY4-style tobaccos, fruits
Expertise in: Political and legal challenges, tobacco control haters, moral panics
Jim McDonald
Smokers created vaping without help from the tobacco industry or anti-smoking crusaders, and I believe vapers have the right to continue innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I’m a member of the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy
Related Articles
Website Promotes Opposition to UK Vape Tax
Spain Launches Flavor Ban Consultation
Canada Relaunches Plan to Ban Most Vape Flavors
New York City Sues 11 More Vape Distributors