Opinia prawna na temat projektu ustawy o ochronie zdrowia przed następstwami używania tytoniu i wyrobów tytoniowych
Legal opinion on a bill amending the Act on the Protection of Health against the Consequences of the Use of Tobacco and Tobacco Products

Summary/Abstract: According to the author, the bill deserves further legislative consideration. Most of the provisions contained therein implement the provisions of the tobacco directive. Some of them impose on manufacturers, importers and distributors of e-cigarettes more far-reaching restrictions than those provided for in the Directive. She points out that the regulations that go beyond the scope of the Directive should be evaluated for compliance with the constitutional principles of freedom of economic activity. Moreover, it should also be considered whether the ban on the use of e-cigarettes in public places violates the constitutionally established right of individuals to make decisions about their own life. Doubts are also raised by the wording of Article 6 para. 1 of the proposed bill imposing a prohibition of making tobacco products, electronic cigarettes and refill containers available to people under the age of 18, whereas the existing prohibitions referred to “sale” of tobacco products.

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