Poland steps up consumer protection on alcoholic beverages market

Poland
Available languages: PL

In early October 2024, Poland’s Ministry of Agriculture and Rural Development issued a draft regulation introducing additional restrictions on the packaging of certain spirit drinks.

The draft, which appeared on the website of the Governmental Legislation Centre, applies to spirit drinks falling under EU Regulation 2019/787, which include vodka, whisky, gin and liqueurs. However, beverages with an alcohol content of less than 15% will generally not be covered by the draft.

With the proposed regulation, the Polish legislator is attempting to supplement regulations on the packaging of spirit drinks that reduce the risk of consumers being misled by labelling.

According to the draft regulation:

  • spirit drinks of a volume of 200 ml or less may only be marketed in bottles or cans;
  • the description and presentation of spirit drinks cannot create doubts or be misleading regarding:
    • identification data; and
    • their distinction from other foodstuffs, in particular products intended for children.

The draft regulation is a response to recent reports that alcoholic beverages were being marketed in packaging confusingly similar to foodstuffs for children.

Current legislation prohibits misleading information on food packaging, particularly regarding the properties of a foodstuff. The draft regulation, however, introduces a further and more precise restriction, which aims to ensure even greater safety for consumers, especially children.

A public consultation on the draft ended on 7 October, and Poland’s lawmakers are now considering these comments. The regulation will enter into force on the day following its official publication.

For more information on this draft regulation and consumer protection laws in Poland, contact your CMS client partner or these CMS experts.